LB 


UC-NRLF 


oi 


LIBRARY 

OF   THE 

UNIVERSITY  OF  CALIFORNIA. 


GIFT  OK 


^Accession 85452 Cla&s 


PU5LIC  SCHOOL 


LAWS  OF 


TENNESSEE 


TOGETHER  WITH  LEADING  DECISIONS  OF  THE 
SUPREME  COURT,  EXPLANATORY  NOTES,  AND 
AMENDMENTS  MADE  BY  GENERAL  ASSEMBLIES 
UP  TO  THE  YEAR  1899.  **  J  J*  &  <* 


This  Book  is  the  property  of  the  State.    It  is  made  by  law  the 

official  duty  of  any  officer  or  teacher  who  may  receive 

It,  to  preserve  it  as  public  property,  and  turn 

it  over  to  his  successor  in  office 

\\  t-?***^ 

OF  \ 

UNT  / 


jr 


MORGAN  C  FITZPATRICK 

STATE  SUPERINTENDENT  PUBLIC  INSTRUCTION 

NASHVILLE,  TENNESSEE 

J899 


Public  School  Laws 


OF 


ADDENDA. 

.  2,  page  21,  and  Note  1,  page  22,  should  he 
because  they  do  not  state  the  law  correctly. 


COURT, 

ENTS 


MORGAN  C.  FITZPA  TRICK 

STATE  SUPERINTENDENT  PUBLIC  INSTRUCTION 


NASHVILLE,  TENNESSEE 

1899 


Public  School  Laws 


OF 


FENNESSEE 


TOGETHER   WITH 


LEADING   DECISIONS   OF   THE   SUPREME   COURT 

EXPLANATORY  NOTES,   AND  AMENDMENTS 

MADE -BY  GENERAL  ASSEMBLIES  UP 

TO  THE  YEAR  1899 


MORGAN  C.  FITZPA  TRICK 

STA  TE  SUPERINTENDENT  PUBLIC  INSTRUCTION 


NASHVILLE,  TENNESSEE 

1899 


f 

OP  THE 

UNiVEHSJTY 


The  Public  School  Laws  of  Tennessee, 

TOGETHER    WITH 

LEADING  DECISIONS  OP  THE  SUPREME  COURT,  AND  EXPLANATORY  NOTES. 


[ALL  PARTS  OF  LAWS  PRINTED  IN  ITALICS  HAVE  BEEN 
ADDED  BY  AMENDMENT.] 


SECTION  1.  There  shall  be  established  and  maintained   g87s3t'ei^hap- 25> 
in  this  State  a  uniform  system  of  public  schools. 

NOTE. — Public  schools,  county  resources.  The  public  schools  of  a 
county  may  be  classed  among  her  "  resources/'  within  the  meaning 
of  a  statute  and  the  resolution  of  a  County  Court,  for  an  exhibit  of  the 
county  resources  at  a  State  exposition.  12  Pickle,  659,  666,  667. 

SEC.  2.  (1)  The  public  school  system  shall  be  admin-  ISTS.  chap.  25. 
istered  by  the  following  authorities,  to  wit:  A  State  Super- 
intendent, County  Superintendents,  and  District  Directors. 

(2)  The  public  schools  already  established  in  any  of  the  gg7c3-52Chap- 25- 

counties  of  this  State  shall  continue  to  be  managed  and  school's  estab- 
lished previous 
conducted  as  now  prescribed  by  law   until   the  school  to  ISTS. 

officers  hereby  created  shall  have  been  duly  elected  or 
appointed  and  qualified;  and  the  provisions  of  this  act 
shall  not  apply  to  them  until  a  County  Superintendent  of 
Public  Schools  shall  have  been  appointed. 

STATE   SUPERINTENDENT. 

SEC.  3.  The  State  Superintendent  shall  be  a  person  of  ISTS.  chap.  25. 

J     Qualifications 

literary  and  scientific  attainments,  and  of  skill  and  experi-  of  state  super- 
ence  in  the  art  of  teaching,  and  who  shall  be  nominated  by 
the  Governor  and  confirmed  by  the  Senate. 

NOTE. — Amended  as  above,  1879,  Chap.  129,  Sec.  5. 

SEC.  4.  (1)  He  shall  hold  his  office  for  two  years,  unless  ISTS.  chap.  25. 

,    Term  of  office 

removed  as  hereinafter  provided,  and  shall  have  an  annual  and  compensa- 
salary  of  $2,000,  to  be  paid  out  of  the  school  money  in 
the  State  Treasury;  and  during  the  term  of  office  he  shall 
devote  his  entire  time  and  attention  to  the  duties  imposed 
by  this  act. 

NOTE.— Amended,  1879,  Chap.  44,  to  $1,995.  The  appropriation  of 
$2,000  per  annum  was  made  from  1885  to  1895.  From  1895  to  1899  it 
was  $1,995  per  annum.  In  1899  it  was  restored  to  $2,000  per  annum. 

(3) 

85452 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


1891.    Chap.  25. 
Member  of 
State  Board. 


Ex  officio. 


1873.  iChap.  25. 
How  removed. 


1873.  Chap.  25. 
Office  at  Capi- 
tol. 


1873.  Chap.  25. 
Statistics,  etc. 
Inspection. 


See   that  laws 
are  executed. 


Distribute 
forms. 


Distribute 
school  laws. 


Appoint  exam- 
iners. 


(2)  The  State  Superintendent  of  Public  Instruction  of 
Tennessee  shall  be,  ex  officio,  a  member  of  the  State  Board 
of  Education. 

(3)  He  shall  also  be  a  member,  ex  officio,  of  all  other 
State  educational  bodies  or  associations. 

(By  Chap.  343,  page  788,  Acts  1899,  the  State  Superintendent  is 
made  Secretary  and  Treasurer  of  the  State  Board  of  Education,  and 
Treasurer  of  the  Peabody  Normal  College  fund). 

SEC.  5.  He  shall  be  liable  to  removal  from  office  by  the 
Governor  for  misconduct  or  neglect  of  duty ;  any  vacancy 
to  be  supplied  by  a  new  appointment  for  the  unexpired 
term ;  provided,  That,  in  the  event  of  any  such  removal, 
the  reason  for  the  same  shall  be  communicated,  in 
writing,  to  the  Superintendent  thus  displaced,  and  also 
to  the  Senate,  if  in  session,  and,  if  not,  within  ten  days 
after  it  may  next  meet. 

SEC.  6.  The  office  of  the  State  Superintendent  shall  be 
at  the  capital  of  the  State,  and  a  room  in  the  State  Capitol 
may  be  provided  for  that  purpose. 

DUTIES   OF   STATE   SUPERINTENDENT. 

SEC.  7.  The  duties  of  the  Superintendent  shall  be  as 
follows: 

(1)  To  collect  and  disseminate  statistical  and  other 
information  relating  to  the  public  schools. 

(2)  To  make  tours  of  inspection   among  the  public 
schools  throughout  the  State. 

(3)  To  see  that  the  school  laws  and  regulations  are 
faithfully  executed. 

(4)  To  prepare  and  distribute  blank  forms  for  all  re- 
turns required  by  law,  or  deemed  by  him  necessary  to  be 
made  by  teachers,  school  officers,  and  County  Superintend- 
ents of  Public  Schools,  for  the  use  of  the  several  counties. 

(5)  To  have  printed    and   distributed  to   the   County 
Superintendents  and  other  school  officers  as  many  copies 
of  the  school  laws  as  may  be  necessary,  with  appropriate 
forms  and  instructions  for  carrying  said  laws  into  execu- 
tion. 

(6)  To  appoint,  at  his  discretion,  persons  in  each  county 
to  visit  and   examine  all  or  any  of  the  public  schools 
therein,  and  report  to  him  touching  all  such  matters  as  he 
may  indicate  respecting  their  condition  and-  management, 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

and  the  means  of  improving  them;  but  no  compensation 
shall  be  made  for  such  services. 

(7)  To   require    of   County    Superintendents    detailed 
reports  annually,  and  as  much  oftener  as  he  may  deem 
proper;  and  he  may  require  special  reports  at  any  time 
of  any  officer  connected  with  the  school  system. 

(8)  To  appoint  some  one  to  make  the  reports  required  Appoint  per- 
to  be  made  by  the  County  Superintendent  when  such  reports. m* 
Superintendent  shall  fail  to  make  full  report  at  the  time 
designated,  and  to  allow  such  appointee  what  he  may 

deem  just  for  his  services,  which  shall  be  paid  by  the 
delinquent  County  Superintendent;  and  upon  his  refusal 
to  do  so,  the  State  Superintendent  shall  stop,  in  the  hands 
of  the  County  Trustee,  that  amount  of  his  salary,  or  bring 
suit,  in  his  official  name,  against  him  in  a  court  of  compe- 
tent jurisdiction,  to  enforce  the  payment. 

(9)  To  prescibe  the  mode  of  examining  and  licensing 
school-teachers,  and  their  necessary  qualifications. 

(10)  To  preserve  in  his  office  and  conveniently  arrange  Preserve  docu- 
all  documents  and  matters  in  relation  to  educational  sub- 
jects that  may  come  into  it. 

(11)  To  report  to  the  Comptroller  of  the  State,  on  the  5cp°ortuia°las 
first  day  of  December  in  each  year,  the  scholastic  popula-  tion. 

tion  of  each  county. 

(12)  To  annually  submit  to  the  Governor,  on  or  before  Annual  report. 
the  fifteenth  day  of  September  [1897,  Chap.  — ,  Sec.  4, 

Senate  Bill  No.  58],  a  detailed  report  of  his  official  pro- 
ceedings for  the  year  ending  the  thirtieth  day  of  June 
preceding,  exhibiting  a  plain  statistical  account  of  receipts 
and  expenditures  for  public  schools,  and  of  their  condition 
and  progress,  showing  the  number  of  children,  male  and 
female,  white  and  colored,  respectively,  in  the  State  and 
in  each  county,  between  the  ages  of  six  and  eighteen 
years,  the  total  number  of  pupils  enrolled,  the  average 
number  belonging,  and  the  per  cent  of  attendance  during 
the  year,  the  average  paid  to  teachers,  male  and  female, 
the  amount  of  each  branch  of  school  expenditures,  sever- 
ally, the  cost  of  education  per  scholar,  and  whatever  else 
may  tend  to  show  the  degree  of  success  and  usefulness  of 
the  system;  Provided,  however,  That  under  the  provisions 
of  this  act  all  persons  between  the  ages  of  eighteen  and 


6  THE   PUBLIC   SCHOOL   LAWS   OF   TKNNKSSKE. 

twenty-one,  inclusive,  shall  have  the  benefit  of  this  act 
for  the  term  of  three  years  from  and  after  the  first  organ- 
ization of  public  schools  under  this  act,  in  the  school 
district  in  which  such  persons  may  live.  (This  section 
has  been  amended  so  that  the  school  age  is  from  six  to 
twenty-one  years  inclusive.) 

NOTE  1. — By  the  act  of  1873  the  scholastic  year  ended  August 
31.  It  was  made  to  end  June  30  of  each  year  by  act  of  1881.  Chap. 
103,  Sec.  1. 

NOTE  2. — The  words  in  above  section  following  the  words  "Pro- 
vided, however  "  were  never  directly  amended,  but  their  effect  was 
extended  by  the  act  of  1879,  Chap.  6.  (See  note  to  Sec.  30.) 

i89i.  chap.  132,  (13)  It  shall  be  the  duty  of  the  State  Superintendent 
to  have  printed  and  distributed  to  the  school  officers  of 
the  State,  and  to  the  County  Courts  of  the  several  coun- 

Distribute  ties  appropriate  forms  and  instructions  for  carrying  into 
effect  the  provisions  of  this  act  (Sees.  31  and  32). 

NOTE. — The  words  "this  act"  apply  to  Sections  31  and  32,  these 
two  sections  being  part  of  the  act  of  1891,  Chapter  132. 

COUNTY    SUPERINTENDENTS. 

1873.  chap.  25.  SEC.  8.  (1)  There  shall  be  a  County  Superintendent  for 
each  county,  who  shall  be  elected  by  the  County  Court  at 
its  April  or  July  term,  1873,  and  after  1874  he  shall  be 
elected  biennially  in  January,  and  no  member  of  the  County 

Qualifications.  Court  shall  be  eligible  to  said  office.  He  shall  be  a  person 
of  literary  and  scientific  attainments,  and,  when  practi- 
cable, of  skill  and  experience  in  the  art  of  teaching  •  shall 
hold  his  office  for  two  years,  and  shall  receive  such  pay 
for  his  services  as  may  be  allowed  him  by  the  County 
Court,  to  be  paid  upon  the  order  of  the  Chairman  or 
Judge  of  the  County  Court  by  the  County  Trustee.  He 

Removal.  shall  be  subject  to  removal  from  office  for  misbehavior  or 
inefficiency  at  any  time  by  the  County  Court;  Provided, 
That  the  causes  for  such  removal  shall  be  communicated 
to  him  in  writing. 

This  section  is  amended  so  as  to  read:  Said  County 
Superintendent  shall  be  a  person  of  literary  and  scientific 
attainments,  and  of  skill  in  the  theory  and  practice  of 

Examinations,  teaching •  Provided,  That  preceding  each  biennal  election, 
or  any  election  to  fill  a  vacancy  for  County  Superintendent 
of  Schools,  each  applicant  shall  file  with  the  Chairman  of 
the  County  Court  a  certificate  of  qualification,  given  by 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

the  State  Board  of  Education;  Provided,  That  on  the  first 
Monday  in  October  preceding  each  biennial  election  for 
County  Superintendent  of  Schools,  and  at  any  other  date 
or  dates  fixed  by  the  State  Board  of  Education,  each  appli- 
cant for  said  office  shall  undergo  a  public  examination  at 
the  county  site  of  the  county  in  which  he  or  she  is  an  ap- 
plicant by  and  before  a  commission  of  three  residents  of 
the  county,  said  commission  to  be  previously  appointed 
by  the  Chairman  of  the  County  Court,  and  to  be  citizens 
who,  by  education  and  experience,  are  most  eminently 
qualified  to  hold  said  examination,  the  same  to  be  held 
under  such  rules  and  regulations  as  may  be  prescribed  by 
the  State  Board  of  Education  ;  Provided,  That,  if  qualified 
as  attested  by  said  examination,  said  applicant  shall  re- 
ceive a  certificate  of  qualification  by  the  State  Board  of 
Education.  1895,  Chap.  54.) 

Provided  further,  That  those  who  have  been  previously 
examined  or  may  hereafter  be  examined  under  the  regula- 
tions of  the  State  Board  of  Education,  and  having  at-, 
tained  90  per  cent  in  general  average,  and  not  falling  below 
70  per  cent  in  any  study,  shall  be  exempt  from  said  exami- 
nation so  long  as  they  continue  in  the  public  school  worJc. 

NOTE. — The  decision  of  County  Court  fixing  salary  is  final,  whether 
made  before  or  after  the  services  have  been  rendered.  6  Lea,  501. 

RULES.— To  carry  into  effect  Chapter  54  of  the  Acts  of  1895,  defin- 
ing the  qualifications  of  County  Superintendents,  the  following  rules 
and  regulations  are  prescribed  by  the  State  Board  of  Education,  acting 
under  authority  given  by  said  act. 

1.  The  examination  shall  be  written,  and  shall  begin  on  the  first 
Monday  in   October    preceding    each    biennial    election  for  County 
Superintendent  of  Schools,  and  may  continue  two  days. 

2.  The  examination,  in  addition  to  papers  on  all  the  branches  in 
which  instruction  is  now  given  in  the  public  schools,  shall  embrace 
questions  on  Theory  and  Practice  of  Teaching  and  School  Law. 

3.  The  questions  for  examination  will  be  prepared  by  the  State 
Board  of  Education,  and  sent  by  said  Board  to  the  various  commissions 
appointed  by  the  Chairmen  of  the  County  Courts,  as  provided  in  the 
act.      The  questions  will  be  mailed  under  seal,   and  must  not  be 
opened  until  the  day  of  examination,  and  then  in  the  presence  of  the 
commission  and  applicants. 

4.  The  papers  submitted  by  the  applicants  shall  be  carefully  graded 
by  the  commission,  and  the  papers,  with  the  grades  marked  thereon, 
shall  be  forwarded,  within  five  days  from  the  date  of  the  examination, 
to  the  State  Superintendent  of  Public  Instruction  for  final  grading  by 
the  State  Board  of  Education. 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


1889.  Chap.  107. 
Women  eligi- 
ble. 


5.  Under  the  provisions  of  the  act,  the  State  Board  has  no  authority 
to  exempt  from  examination  applicants  for  certificates  of  qualification 
for  the  position  of  County  Superintendent. 

NOTE. — Examinations  will  be  held  according  to  the  above  rules 
until  other  regulations  are  made  by  the  State  Board  of  Education. 

(2)  In  the  election  of  Comity  Superintendent  of  Educa- 
tion, ivomen  of  the  age  of  twenty-one  years,  and  otherwise 
possessing  the  necessary  qualifications,  shall  be  eligible  for 
said  position. 


1873.    Chap.  25. 


Supervision. 


To  visit  the 
schools. 


Text  books. 


Directors' 
reports. 


To  examine 
and   issue  cer- 
tificates. 


To  report  to 
Trustee. 


To  observe"! 
directions  of 
State   Superin- 
tendent. When 
to  report. 


DUTIES   OF   COUNTY   SUPERINTENDENTS. 

SEC.  9.  That  the  duties  of  the  County  Superintendent 
shall  be  as  follows: 

(1)  To  have  supervision  of  the  public  schools  in  the 
county. 

(2)  To  visit  the  schools  of  the  several  districts  from 
time  to  time,  and  confer  with  the  teachers  and  District 
Directors  as  to  the  improvement  of  schools  or  the  promo- 
tion of  their  interest  in  any  way ;  to  keep  himself  informed 
as  to  the  merits  of  text-books,  and  to  suggest  to  the 
District  Directors ,  such  changes  as  may  from  time  to  time 
be  advisable,  with  a  view  to  securing  uniformity  in  the 
course  of  study  throughout  the  county,  when  it  can  be 
done  without  increased  expense  to  the  parent. 

(8)  To  see  that  the  District  Directors  make  their  reports 
on  all  matters  required  of  them;  and  when  they  fail  to 
make  full  reports,  or  to  make  them  in  time,  the  County 
Superintendent  may  appoint  some  other  person  to  perform 
these  duties. 

(4)  To  perform  such  duties  in  relation  to  the  exami- 
nation of  teachers,  and  issuing  to  them  certificates  of 
qualification,  as  may  be  required  of  him   by  the  State 
Superintendent. 

(5)  To  report  to  the  County  Trustee,  as  soon  as  ascer- 
tained, the  scholastic  population  of  each  school  district  on 
the  last  day  of  June. 

(6)  To  observe  such  directions  and  regulations  as  the 
State  Superintendent  of  Schools  may  from  time  to  time 
prescribe;  to  make  special  reports  to  that  officer  whenever 
required  j  and,  on  or  before  the  first  day  of  August  [1897, 
Chap.  — ,  Sec.  3;  Senate  Bill  No.  58],  annually  to  make  to 
him  a  report  for  the  year  ending  the  thirtieth  day  of  June 


THK    PUBLIC   SCHOOL   LAWS   OF  TENNESSEE.  9 

preceding,  in  such  form  and  containing  all  such  particulars 
as  shall  be  prescribed  and  called  for,  a  copy  of  said  report 
to  be  furnished  to  the  County  Court  of  his  county  at  its 
quarterly  session  on  the  first  Monday  in  January. 

NOTE. — The  words  in  italics  in  Subsection  6  were  changed  to 
conform  to  the  amendment  of  1881,  Chapter  103,  Section  1,  by  which 
the  scholastic  year  was  made  to  end  June  30,  instead  of  August  31. 

(7)  To  keep  a  record  of  all  his  official  acts  in  a  book  to  TO  keep  record 

of  official  acts. 

be  provided  for  that  purpose,  and  to  keep  a  record  of  the 
numbers  and  boundaries,  of  the  school  districts  of  his 
county,  and  the  changes  that  may  be  made  therein  from 
time  to  time. 

(8)  In  all  cases  where  the  District  Directors  of  the  ^ammts  ^e 
public  schools  issue  warrants  upon  the  County  Trustee  for 

school  apparatus,  maps,  charts,  globes,  school  furniture, 
and  all  other  expenditures  of  the  public  school  funds, 
except  for  teachers'  salaries,  the  warrants  drawn  by  said 
Directors  shall  be  countersigned  by  the  County  Superin- 
tendent before  the  same  shall  be  paid  by  the  County 
Trustee,  and  all  warrants  issued  ~by  said  Directors  for 
any  claim  shall  be  written  and  signed  in  ink.  (1897,  Chap. 
— ,  Sec.  1;  House  Bill  No.  126.) 

NOTE. — The  words  above  in  italics  were  added  by  Act  1899. 

(9)  It  shall  be  the  duty  of  the  County  Superintendent  supermten- 
to  keep  a  well-bound  book,  in  which  he  shall  enter  a  record°bc-eok. 
memorandum  of  all  warrants  countersigned,  as  provided 

in  the  last  subsection,  showing  the  amount  and  date  of 
each  warrant,  to  whom  issued,  for  what  purpose,  and 
from  which  district,  and  said  County  Superintendent  shall 
include  in  his  annual  report  to  the  County  Court  a  full, 
clear,  and  succinct  statement  of  all  warrants  so  counter- 
signed by  him.  (Id.,  Sec.  2.) 

SEC.  9a.  (1)  County  Superintendents  of  Public  Instruc-  county  super- 
tion  are  prohibited  from  teaching  any  public  school,  either  to  teach,  nor  to 

contract  as  to 

as  principal  or  assistant,  during  their  official  terms,  nor  school  proper- 
take  [for  "nor  take"  should  have  been  used  "and  from  school  warrant 
taking"]   any  contract  for  building  or  repairing  public  over°3o?ooo? ° 
school  property,  nor  become  [for  "  nor  become "  should 
have  been   used   "and  from  becoming"]   the  owner  of 
school  warrant  other  than  allowed  him  for  his  services  as 
County  Superintendent  j  Provided,  That  this  act  shall  only 


10  THE:  PUBLIC  SCHOOL  LAWS  OF  TENNESSEE. 

apply  to  counties  of  30,000  inhabitants  and  over.     (1805, 
Chap.  155,  Sec.  1.) 
Teaching.  (2)  It  shall  be  a  misdemeanor  in  office  for  any  County 

Misdemeanor       _, 

in  office,  and  Superintendent  to  teach  any  public  school,  as  principal  or 
assistant,  during  his  office  [official]  term.  In  addition  to 
the  punishment  prescribed  by  statute  for  misdemeanors 
in  office,  such  Superintendents  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars  for  each 
offense  committed,  and  all  fines  arising  from  such  causes 
shall  be  paid  into  the  public  school  fund  of  the  county 
where  such  offense  is  committed.  (Id.,  Sec.  2.) 

NOTE — For  farther  duties  of  County  Superintendent,  see  Sees.  44a, 
44&,  44c,  44e,  44/;  44#. 

DISTRICT   SCHOOL   DIRECTORS. 

StSSfof247'        SEC>  10*  W  There  shal1  ^e  elected  at  the  August  elec- 
directors.          tion,  in  the  year  1890,  two  School  Directors,  and  at  the 

regular  August  election  every  two  years  thereafter  there 
shall  be  elected  three  School  Directors  for  each  school 
district. 

(2)  There  shall  be  no  election  of  School  Directors  in  the 
years  1889,  1891,  or  other  odd  years,  but  the  terms  of 
Directors  expiring  under  the  present  law  in  1889  shall  be 
extended  until  1892,  both  until  the  election  of  their  suc- 
cessors, as  provided  in  SECTION  1  OF  THIS  ACT. 

NOTE  1.— The  words  in  small  capitals  apply  to  Section  10,  Subsec- 
tion 1. 

NOTE  2.— Section  10,  as  above  given,  is  the  act  of  1889,  Chap. 
247.  Sections  10  and  12  of  Chap.  25,  1873,  repealed  so  far  as  in  con- 
flict, are  as  follows : 

"There  shall  be  three  Directors  for  each  school  district — one  to  be 
elected  for  one  year,  one  for  two  years,  and  one  for  three  years— and, 
after  the  expiration  of  their  first  term  of  office,  their  successors  shall 
be  elected  for  three  years. 

"The  Directors  shall  be  elected  annually,  on  the  first  Thursday  in 
August,  by  the  qualified  voters  in  the  district." 

1873.  chap.  25.  SEC.  11.  Any  person  shall  be  eligible  to  the  office  of 
Director  who  is  qualified,  by  being  able  to  read  intelli- 
gently and  write  legibly,  to  perform  the  duties  required, 
and  who  is  a  resident  of  the  district;  if  he  shall  cease  to 
be  a  resident  thereof,  his  office  shall  be  deemed  vacant. 

NOTE — The  words  in  italics  were  added  by  amendment,  1891,  Chap. 
146,  Sec  1. 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  11 

SEC.  12.  The  Directors  shall   be   elected   on  the  first  1873-  chap.25. 
Thursday  in  August,  by  the  qualified  voters  of  the  dis- 
trict. 

NOTE.— In  the  act  of  1873  the  word  "annually"  follows  the  word 
"elected."  It  is  omitted  above  so  as  to  make  the  section  conform  to 
the  act  of  1889,  Chap.  247,  Sec.  3,  repealing  so  much  of  Section  12  as 
was  in  conflict  with  said  act. 

SEC.  13.  The  election  shall  be  held  by  the  Sheriff,  under  1873.  chap.  25. 

Election,  how 

the  same  laws  by  which  he  is  governed  in  holding  other  held, 
elections. 

SEC.  14.  The  person  receiving  the  highest  number  of  ISTS.  chap.  25. 
votes  shall  be  declared  elected,  and  the  person  holding  deciartedhow 
the  election  shall  certify  the  result  to  the  County  Super- 
intendent and  County  Court  Clerk,  and  shall  give  notice 
of  the  same  to  the  Directors  elected. 

NOTE.— County  Court  is  judge  of  contested  elections.     12  Lea,  30. 

SEC.  15.  All  district  School  Commissioners  now  in  office  ISTS.  chap.  25. 
shall  hold  their  offices  until  the  election  herein  provided  S 
for  shall  be  held  and  their  successors  elected  or  appointed 
and  qualified. 

NOTE. — This  section  relates  to  the  Commissioners  in  office  under 
laws  previous  to  1873. 

SEC.  16.  If,  from  any  cause,  Directors  shall  not  be  elected  1373.  chap.  25. 

on  the  first  Thursday  in  August,  the  County  Superintend-  fnten&mto1"" 

ent  shall  appoint  them  in  districts  failing  to  elect.  appoint. 

SEC.  17.  When  a  vacancy  occurs  among  the  Directors  in  isoi.  chap.i46, 

any  district  during  their  term  of  office,  the  County  Super-  vacancy. 
intendent  shall  fill  the  same  by  appointment^  upon  being 
notified  of  such  vacancy  by  the  remaining  Directors. 

NOTE  1.— The  above  amends  Acts  of  1873,  Chap.  25,  Sec.  17,  which 
reads  as  follows : 

"When  a  vacancy  occurs  among  the  Directors  in  any  district 
during  their  term  of  office,  the  remaining  Directors  shall  fill  the  same 
by  appointment,  of  which  they  shall  give  notice  to  the  County  Super- 
intendent and  County  Court  Clerk." 

NOTE  2. — The  County  Superintendents  should  make  appointments 
in  writing,  and  should  give  notice  to  the  remaining  Directors  and  to 
the  County  Court  Clerk. 

SEC.  18.  The  School  Directors  of  each  district  shall  hold  ISTS.  cimp.  25. 
their  first  meeting  within  thirty  days  after  their  election,  m^w 
and  shall  appoint  one   of  their  number  Chairman,  and 
another  Clerk  and  Treasurer,  and  their  appointment  shall 
be  made  annually  thereafter. 


12  THE    PUBLIC   SCHOOL   LAWS   OP   TENNESSEE. 

Acts  1899,  Chapter  218,  page  471:  It  shall  be  the  duty 
of  the  commissioners  or  other  officers  of  elections  in  the 
various  counties  of  this  state  to  open  and  hold  elections 
in  the  various  school  districts  in  this  state  on  the  fourth 
Saturday  in  May,  1900,  and  biennially  thereafter,  for  the 
purpose  of  electing  three  school  directors  for  each  school 
district  ;  Provided,  That  this  act  shall  not  apply  to  any 
county  in  this  state  where  school  districts  and  civil  districts 
are  co-extensive,  or  may  hereafter  be  made  so;  Provided, 
This  act  shall  not  apply  to  incorporated  towns  which 
have  a  school  system  of  their  own;  Provided,  This  act 
shall  also  include  districts  composed  of  portions  of  differ- 
ent counties. 

Said  election  shall  be  held  and  governed  by  and  under 
the  laws  now  governing  general  elections,  except  that 
these  elections  shall  be  held  at  the  school  houses  in  the  va- 
rious school  districts,  or  such  other  places  as  said  election 
officer  may  direct,  and  that  the  polls  shall  be  opened  at  one 
o'clock,  p.m.,  and  shall  be  closed  at  five  o'clock  p.m.,  and 
the  officers  holding  said  elections  shall  not  receive  any  com- 
pensation therefor. 

NOTE  1. — The  Constitution,  Art.  7,  Sec.  5,  and  the  Acts  of  1870, 
Chap.  23,  Sec.  7,  fix  September  1  as  the  time  for  Directors  elected  in 
August  to  enter  upon  office.  The  new  Board  may  meet  and  organize 
at  any  time  within  thirty  days  after  election,  but  can  not  enter  upon 
office  or  do  any  official  act  until  September  1. 

NOTE  2. — The  Attorney- general  has  given  the  following  opinion  : 

"The  Board  of  School  Directors  may  employ  a  teacher  of  the 
public  schools  to  begin  after  their  term  of  office  expires.  If  contract 
is  fraudulent,  or  entered  into  for  purpose  of  defeating  the  jurisdiction 
of  the  succeeding  Board,  and  the  Board  of  Directors  and  the  teachers 
are  both  parties  to  that  fraud,  the  contract  might  be  invalid  and  set 
aside." 

NOTE  3. — Directors  must  take  oath  of  office,  in  writing,  before 
Clerk  of  County  Court  or  some  acting  Justice  of  the  Peace.  Acts  1870, 
second  session,  Chap.  46,  Sec.  28.  Also  see  Constitution,  Art.  10, 
Sec.  1.  For  payment  of  costs  of  suit  against  Directors  out  of  school 
money,  see  same  chapter,  Sec.  36.  Also  see  Sees.  32,  33,  34  of  same 
chapter  for  penalties,  etc.  These  laws  have  never  been  repealed,  and 
are  still  in  force,  and  apply  to  Directors.  See,  also,  M.  &  Y.  Code, 
notes  to  Sec.  1193. 

NOTE  4. — Misdemeanor  to  enter  on  office  without  taking  oath. 
T.  &  S.  Code,  759. 

1873.  chap.  25.       SEC.  19.   No  Director  shall  be  a  teacher  in  the  public 
schools  of  his  district,  nor  take  any  contract  for  building 
war-  a  gchoolhouse  in  his  district,  nor  any  contract  which  this 


THE    PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  13 

Board  is  competent  to  make,  nor  become  the  owner  of  a 
school  warrant. 

NOTE. — A  violation  of  this  section  is  a  misdemeanor.     9  Bax.,  559. 

DUTIES   OF   DISTRICT   DIRECTORS. 

SEC.   20.    The  duties  of  School  Directors  shall  be   as  1373.  chap.25. 
follows : 

(1)  To  explain  and  enforce  the  school  laws  and  regula-  TO  enforce 
tions,  and  themselves  to  observe  them. 

(2)  To  visit  the  public  schools  within  the  district  from  TO  visit  schools 
time  to  time,  and  see  that  they  are  conducted  according 

to  law  and  with  efficiency. 

(3)  To  employ  teachers,  and  to  dismiss  them  for  incom-  TO  employ  and 

dismiss  teach- 

petency,  improper  conduct,  or  inattention  to  duty.  ers. 

NOTE  1. — The  right  of  the  Board  of  Directors  to  employ  a  teacher 
only  exists  in  the  case  of  a  vacancy.  5  Lea,  692. 

NOTE  2. —  A  valid  contract  for  teaching  can  not  be  made  without 
the  approval  of  the  Board  of  Directors  in  office  at  the  time  the  con- 
tract is  signed  by  the  teachers.  10  Lea,  344.  But  the  Board  of 
Directors  in  office  may  make  a  valid  contract  with  a  teacher  for  a  rea- 
sonable period  of  time  extending  beyond  their  term  of  office.  5  Lea, 
691;  10  Lea,  219;  11  Pickle,  533.  See  note  2,  Sec.  18. 

NOTE  3. — A  teacher  having  made  a  contract  with  illegally  elected 
School  Directors  can  not  sue  the  legally  elected  School  Directors  on 
the  contract.  12  Lea,  486. 

NOTE  4. — Dismissal.  The  Board  of  Directors  have  authority  to 
dismiss  a  teacher  for  incompetency,  improper  conduct,  or  inattention 
to  duties,  upon  notice  to  him  of  the  specific  charges,  and  proof  of  the 
charges  by  the  testimony  of  sworn  witnesses.  5  Lea,  701 ;  10  Lea,  219 ; 
11  Pickle,  536,  537;  13  Pickle,  494.  But  a  notice  to  the  teacher  that  at 
a  given  time  and  place  the  Board  would  inquire  into  his  fitness  to  be 
continued  as  a  teacher  would  be  insufficient.  10  Lea,  219. 

NOTE  5. — The  length  of  time  each  year  during  which  the  schools 
shall  be  kept  open  is  left  to  the  discretion  of  the  Board  of  Directors, 
acting  in  good  faith  and  for  sufficient  cause.  .  .  The  teacher  is 
only  entitled  to  payment  on  contract  for  each  month  of  services  while 
school  is  kept  open.  10  Lea,  219.  It  is  the  duty  of  Directors  to  run 
all  schools  the  same  number  of  days  in  their  respective  districts. 
Pupils  are  entitled  to  days,  and  not  dollars,  in  school,  and  Directors 
should  make  no  exception  to  this  rule. 

NOTE  6. — Minors  may  be  employed  to  teach.  Directors  are  not 
prohibited  from  employing  minor  son  or  daughter.  12  Lea,  30. 

NOTE  7. — Power  of  Directors  to  close  school.  Where  the  contract 
authorizes  the  Directors  to  close  the  school  whenever  the  average 
attendance  shall  fall  below  a  designated  number  or  the  funds  for  the 
support  of  the  school  shall  be  exhausted,  they  can  not,  before  the  end 
of  the  school  year,  close  it  except  upon  the  happening  of  the  contin- 


14 


THE    PUBLIC   SCHOOL   LAWS   OP   TENNESSEE. 


To  suspend  and 
dismiss  pupils. 


school!1  °f 


To  take  census. 


To  hold  meet- 
ings. 


To  call  meet- 
ings of  people. 

Separate 
schools  for  col- 
ored children. 

1879.  Cfcrtp.129, 
dec.  1. 

Warrants  on 
Trustee. 


gencies  provided  in  the  contract  of  employment,  where  it  does  not 
specify  the  duration  of  the  term,  and  no  customary  term  is  shown. 
11  Pickle,  533,  534,  537. 

NOTE  8. — Power  of  Directors  to  discharge  teacher.  Where,  by  the 
contract,  the  school  is  to  begin  at  a  fixed  date,  but  no  definite  term  is 
stipulated,  the  following  sentence,  "The  Directors  reserve  the  right  to 
annul  all  contracts  every  fourth  month,"  stamped  across  the  writing, 
is  not  authorized  by  law,  and  is  void,  and  does  not  authorize  the  School 
Directors,  at  the  end  of  the  fourth  month,  to  dismiss  the  teacher  arbi- 
trarily, without  cause  or  trial,  and  to  employ  another  teacher  to 
succeed  him.  13  Pickle,  490-494. 

(4)  To  suspend  or  dismiss  pupils  when  the  prosperity 
or  efficiency  of  the  school  makes  it  necessary. 

NOTE.— The  Board  of  Directors  has  power  to  take  cognizance  of 
offenses  committed  by  pupils  on  the  way  to  and  from  school.  For 
power  of  teacher  or  Directors  to  suspend  and  punish  pupils,  see  3  Lea, 
455;  5  Lea,  526;  3  Leg.  Rep.,  19.  Also  see  Section  29  and  note  to 
same. 

(5)  To  use  the  school  fund  apportioned  to  their  district, 
derived  from  donations  or  other  sources,  in  such  manner 
as  will  promote  the  interest  of  public  schools  in  their 
respective  districts. 

NOTE. — Directors  can  purchase  school  property,  build  schoolhouses 
and  furnish  the  same,  buy  apparatus,  books  for  indigent  pupils,  fuel, 
and  such  other  supplies  as  may  be  necessary. 

(6)  To  see  that  the  census  of  the  children,  required  by 
Section  7  of  this  act,  is  taken  in  the  proper  time  and 
manner  prescribed  by  this  act. 

(7)  To  hold  regular  meetings  as  prescribed  by  them, 
and  special  meetings  when  called  by  the  Chairman  or  by 
any  one  of  the  members. 

NOTE. — Individual  acts  of  Directors  not  valid.  Must  be  assembled 
as  a  board  to  do  official  acts.  3  Tenn.  Chy.  Rep.,  177,  State  v.  -Leonard. 

(8)  To  call  meetings  of  the  people  of  the  district  for 
consultation  in  regard  to  the  school  interests  thereof. 

(9)  To  keep  separate  and  apart  schools  for  white  and 
colored  children. 

(10)  It  shall  be  the  duty  of  the  District  Directors  to 
draw  upon  the  County  Trustee,  in  favor  of  the  teachers  of 
their  districts,  for  any  school  money  due  such  teachers  in 
the  hands  of  the  Trustee  for  distribution  in  their  districts, 
and  they  shall  also  draw  their  ivarrants  upon  the  Trustees 
for  any  other  school  money  expended  properly  under  the 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  15 

law  for  other  purposes,  said  warrants  to  be  paid  ~by  the 
County  Trustee;  and  hereafter  it  shall  not  be  lawful  for 
the  Trustee  to  pay  any  school  money  over  to  the  Clerks  of 
District  Board  of  Directors,  but  he  shall  hold  the  same,  and 
only  pay  it  out  as  provided  for  in  this  section  of  this  act; 
and  it  shall  be  the  duty  of  the  Trustee  to  make  to  the  County 
Superintendent,  on  or  before  the  fifteenth  day  of  July  of 
each  year,  a  full  and  correct  report  of  the  amount  of  money 
received  by  him  for  school  purposes,  and  the  disbursements 
of  the  same. 


5. — The  above  subsection  is  a  substitute  for  Subsection  10, 
Sec.  20,  Chap.  25,  Acts  1873,  which  was  as  follows  : 

"(10)  To  draw  upon  the  County  Trustee,  in  favor  of  the  Treasurer 
of  the  District,  for  any  school  money  in  the  hands  of  the  Trustee  for 
distribution  in  his  district." 

In  the  original  amendment  of  1879,  the  words,  "to  be  approved  by 
the  County  Superintendent  before  the  same  shall,"  followed  the  word 
"  warrants,"  in  the  seventh  line.  These  words  were  stricken  out  by 
the  act  of  1881,  Chap.  91,  Sec.  1.  So  the  law  now  stands  as  above 
given.  Subsection  11  of  Sec.  20,  Chap.  25,  Acts  1873,  was  in  the 
following  words :  "To  draw  upon  the  Treasurer  of  the  District  for  the 
pay  of  teachers  and  school  expenses  authorized  by  law;  such  accounts 
to  be  paid  in  the  order  in  which  they  are  allowed,  the  Treasurer  to 
record  the  date  of  auditing  each."  This  subsection  is  construed  to  be 
repealed,  by  implication,  by  the  above  act  of  1879,  Chap.  129. 

(11)  To  take  care  of,  manage,  and  control  public  school 
property  of  the  district.  er*y 

NOTE. — Powers  of  Directors;  teacher  not  enjoined.  This  provision 
does  not  give  the  Directors  the  right  to  wrongfully  dispossess  the 
teacher,  and  to  install  another  in  his  place.  A  teacher  will  not  be 
enjoined  from  teaching  in  a  schoolhouse  after  the  Directors  have 
wrongfully  and  ineffectually  attempted  to  dismiss  him  arbitrarily.  13 
Pickle,  494,  495. 

(12)  To  report  any  special   matter  required  by  the  TO  report  to 
County  Superintendent  of  Schools,   and  report  to  him  intend 
annually,  by  the  fifteenth  day  of  July  [1897,  Chap.  — ,  Sec.  when< 

2;  Senate  Bill  No.  58],  down  to  the  thirtieth  day  of  June, 
on  all  subjects  indicated  in  the  blank  forms  supplied  for 
the  purpose  j  and,  until  that  report  be  delivered,  the  Clerk 
shall  not  be  allowed  to  draw  the  last  installment  of  pay 
for  his  services. 


16 


THE   PUBLIC   SCHOOL   LAWS   OF  TENNESSEE. 


18"3.    Chap.  25. 


To  take  census 
and  gather 
statistics. 


To  keep  record 


To  act  as  secre- 
tary and  keep 
record. 


Other  duties. 


1879.  Chap.  129, 
Sec.  3. 


CLERKS. 

SEC.  21.  The  duties  of  the  Clerk  of  the  District  shall  be 
as  follows : 

(1)  Within  thirty  days  after  his  appointment,  and  annu- 
ally thereafter,  in  the  month  of  July,  to  take  a  census  of 
all  persons  residing  in  the  school  district  between  the  ages 
of  six  and  twenty- one  years,  and  to  gather  the  statistics 
relating  to  education,  according  to  forms  furnished  by  the 
Superintendent  of  Public  Instruction. 

NOTE  1. — The  words  "within  thirty  days  after  his  appointment/' 
refer  to  the  first  clerk,  elected  in  1873,  and  apply  only  to  the  inaugura- 
tion of  the  school  system.  Since  1873,  the  school  census  can  be  taken 
only  in  the  month  of  July. 

NOTE  2. — If  the  census  is  not  taken  in  July,  in  any  year,  it  can  not 
be  legally  taken  for  that  year.  In  such  case,  the  census  of  the  previous 
year  must  be  reported  by  the  County  Superintendent,  and  used  for  all 
purposes. 

(2)  To  keep  an  accurate  record  of  all  proceedings  of 
the  Board  of  Directors,  and  especially  of  the  purpose  and 
amount  of  accounts  ordered  to  be  paid,  and  of  the  date  of 
their  being  audited. 

NOTE— The  following  Subsection  3,  Sec.  21.  Chap.  25,  Acts  1873, 
is  construed  to  be  repealed,  by  implication,  by  the  act  of  1879,  Chap. 
129: 

"To  act  as  Treasurer  of  the  school  district,  and,  as  such,  to  give 

bond,  with  security,  to  be  approved  by  the  Board  of  District  School 
Directors,  in  such  sums  as  they  may  designate,  conditioned  for  the 
safe-keeping  and  proper  disbursements  of  all  moneys  that  come  into 
his  hands  as  Treasurer,  the  accounts  to  be  paid  in  the  order  in  which 
they  may  be  audited." 

(3)  To  act  as  secretary  of  all  school  meetings  of  the 
district  j  to  keep  in  a  bound  volume  a  cash  account  and  a 
record  of  his  own  official  acts;  and  to  keep  on  file  vouch- 
ers, contracts,  and  other  official  papers,  all  of  which  shall 
be  open  to  the  inspection  of  the  County  Superintendent 
of  Schools,  and  of  every  citizen  of  the  district,  and  shall 
be  subject  to  such  periodical  examinations  as  shall  be 
prescribed  by  the  County  Superintendent. 

(4)  To  discharge  such  other  duties  in  connection  with 
the  school  business  of  the  district  as  may  be  required  of 
him. 

(5)  The  Clerk  of  the  District  Directors  shall  not  receive 
more  than  two  per  cent  per  capita  for  his  services  in 


THE    PUBLIC   SCHOOL   LAWS   OF  TENNESSEE.  17 

taking  the  census  of  the  children  in  his  district  between 
the  ages  of  six  and  twenty-one  years,  and  for  making  his 
report  thereof,  "and  other  reports"  to  the  County  Super- 
intendent and  County  Trustee,  which  sum  shall  be  paid  by 
the  County  Trustee  out  of  the  funds  due  said  district; 
Provided,  That  the  County  Superintendent  shall  not  draw  Fee  of  District 
any  order  in  favor  of  any  District  Clerk  who  fails  to  make 
his  report  of  the  scholastic  population  of  his  district  within 
the  time  prescribed  by  law;  and  said  two  cents  per  capita 
shall  be  in  full  compensation  for  all  his  services  as  such 
clerk  for  one  year. 

NOTE  1. — This  enactment  originally  contained  the  words,  "upon 
the  order  of  the  County  Superintendent/'  following  the  word  "Trus- 
tee." in  the  sixth  line.  These  words  were  stricken  out  by  amendment, 
1881,  Chap.  91,  Sec.  ]. 

JSToTE  2. — Compare  the  words  "two  per  cent,"  in  line  two,  with 
the  words  "two  cents"  in  line  eleven.  The  compensation  of  the  clerk 
is  two  cents  per  capita  of  the  children  enrolled. 

SCHOOL   DISTRICTS. 

SEC.  22.  (1)  The  school  districts  shall  be  as  they  now  im.  chap.  25. 

„.  ,         . .        School  districts 

are,  or  as  they  may  be  hereafter  established  under  the 
provisions  of  this  act.  They  shall  be  numbered  by  the 
County  Superintendent,  and  designated  as  "School  District 
No.  — ,  in  the  county  of  —  — ,"  by  which  name  it  may 
sue  and  be  sued,  contract  and  be  contracted  with,  and 
take,  hold,  and  convey  property. 

(2)  The  several  County  Courts  of  this  State  be,  and  i89i.  chap.  166. 
they  are  hereby,  authorized  and  empowered  to  lay  off  and 
create  new  school  districts  in  their  respective  counties 
whenever  the  same  shall  be  necessary,  and  to  change  or 
establish  the  lines  between  existing  districts  whenever 
the  same  shall  be  to  the  interest  of  the  public  schools  of 
the  county;  Provided,  The  same  shall  be  done  only  at  the 
July  term  of  the  court,  written  notice  of  the  same  having 
been  read  at  some  previous  term  of  the  quarterly  court. 
(1897,  Chap.  — ;  House  Bill  57.) 

NOTE  1. — Before  this  act  the  County  Courts  possessed  no  power  to 
change  school  district  lines  or  to  create  new  school  districts.  90 
Tenn.,  65. 

NOTE  2.  The  school  district  was  originally  the  civil  district,  and 
-ander  this  law  the  County  Court  is  not  authorized  to  subdivide 
it,  unless  it  is  absolutely  necessary,  on  account  of  rivers  or  other 


18  THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

physical  causes,  and  when  such  subdivision  is  in  the  interest  of  the 
public  schools  of  the  county.  As  a  matter  of  fact,  the  subdivision  of 
school  districts  is  never  in  the  interest  of  the  public  schools  of  the 
county,  except  in  very  few  cases,  on  account  of  peculiar  physical  con- 
ditions. Where  the  law  has  been  violated  in  this  respect,  as  it  has  in 
many  counties,  the  schools  can  never  prosper  until  the  mistake  has 
been  rectified.  It  is  the  duty  of  the  County  Courts  to  correct  their 
error,  and  unless  they  do  so  they  should  be  proceeded  against  accord- 
ing to  law. 


sec9'6°hap'  129'        (3)  The  District  Directors  are  hereby  authorized  to 
subdivide  school  districts. 

NOTE.  —  A  subdistrict  is  not  a  new  or  independent  district.  It  is 
merely  a  division  of  the  school  district.  All  the  subdistricts  of  a 
school  district  are  equally  under  control  of  the  three  Directors.  No 
subdistrict,  as  such,  can  make  contract  or  do  any  official  act. 

jSnt  school77'  (4)  Persons  living  on  each  side  of  a  county  line,  and 
districts.  not  convenient  to  a  public  school  in  their  respective  dis- 

tricts or  counties,  may  form  themselves  into  a  school 
district  jointly,  the  children  of  each  county  drawing  their 
respective  pro  rata  of  public  school  money;  Provided, 
That  the  School  Directors  of  the  school  districts  adjoining 
said  county  line  may  agree  as  to  the  number  of  scholars 
taken  from  each  county  to  form  said  district. 

N"OTE  1.  —  In  special  cases,  children  residing  in  different  districts  of 
the  same  county  may  be  educated  in  school  under  such  regulations  as 
may  be  prescribed  by  the  Directors  of  the  districts  interested.  See 
Sec.  30. 

NOTE  2.  —  The  act  of  1873,  Chap.  25,  attempted  to  incorporate  the 
school  districts  and  confer  on  them  the  power  of  levying  taxes  for 
school  purposes.  This  was  found  to  be  unconstitutional,  and  was 
repealed  by  the  next  Legislature.  The  sections  repealed  were  Sees. 
45,  46,  47,  48,  49,  Chap.  25,  1873.  The  act  repealing  them  was  Sec.  2, 
Chap.  138,  Acts  1875. 

(4  a)  That  school  districts  adjacent  to  incorporated  towns 
are  authorized  to  purchase  property  inside  the  corporate 
limits  of  such  town  and  erect  thereon  school  houses, 
which  shall  be  under  the  exclusive  control  of  the  direc- 
tors of  such  school  district,  for  the  use  and  convenience 
of  the  school  children  in  such  school  district. 

GENERAL   RULES  FOR   OFFICERS  OF   SCHOOLS. 

1873.  chap.  25.  SEC.  23.  No  State  nor  County  Superintendent  of  Schools, 
and°offlcercshers  nor  School  Directors,  nor  any  other  officer  ,  nor  any  teacher 
agent?.0*  be  of  tne  public  schools,  shall  have  any  pecuniary  interest, 


THE   PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  19 

directly  or  indirectly,  in  supplying  books,  maps,  school 
furniture  and  apparatus  to  the  public  schools  of  the  State, 
nor  shall  act  as  agent  for  any  author,  publisher,  book- 
seller, or  dealer  in  any  such  school  furniture  or  apparatus, 
or,  directly  or  indirectly,  receive  any  gift,  emolument, 
reward  or  promise  of  reward,  for  his  influence  in  recom- 
mending or  procuring  the  use  of  any  book,  map,  or  school 
apparatus,  or  furniture  of  any  kind,  in  any  public  school 
of  this  State  •  and  any  school  officer  or  teacher  who  shall  Penalty, 
violate  this  provision,  besides  being  removed  from  his 
post,  shall  be  subject  to  a  penalty  of  not  less  than  two 
hundred,  nor  more  than  five  hundred  dollars,  and  shall  be 
guilty  of  misdemeanor.  Provided,  That  nothing  in  this 
section  shall  be  construed  so  as  to  include  authors  of  books 
and  maps  (Acts  1899). 

SEC.  24.  All  school  officers  going  out  of  office  shall  T8o73deHvearp'rec- 
deliver  to  their  successors  the  records  and  all  official 
papers  belonging  to  the  office.  In  case  of  the  refusal  of  neglect- 
any  officer  to  do  so,  on  demand  of  his  successor,  he  shall 
forfeit  not  less  than  twenty-five  nor  more  than  (5ne  hun- 
dred dollars  therefor;  and  a  like  penalty  for  each  month 
during  which  he  shall  persist  in  withholding  the  same, 
and  shall  be  guilty  of  a  misdemeanor. 

SEC.  25.  All  penalties  and  forfeitures  imposed  by  this  ISTS.  chap.25. 

Penalties  and 

act  upon  a  County  Superintendent  of  Schools  shall  be  for  forfeitures;  by 

whom  prose- 

the  benefit  of  the  public  schools  of  the  county;  and  all  cuted. 
penalties  imposed  upon  School  Directors  or  other  district 
school  officers,  or  upon  teachers,  shall  be  for  the  benefit 
of  the  public  schools  of  the  district  where  the  offense  is 
committed.  The  suit  for  such  penalties  shall  be  in  the 
official  name  of  the  State  Superintendent.  And  if  prose- 
cuted in  a  court  of  record,  it  shall  be  the  duty  of  the 
District  Attorney  to  conduct  the  same.  It  shall  also  be 
the  duty  of  the  District  Attorney,  and  any  school  officer 
of  the  county,  or  of  any  school  district,  as  the  case  may 
be,  to  set  such  prosecution  on  foot;  Provided,  That  if  a 
penalty  shall  be  inflicted  for  any  such  offense,  in  pursuance 
of  this  act,  the  party  shall  not  be  a  second  time  subject 
to  a  penalty  therefor. 


20  THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


SCHOOL  TEACHERS. 

1873.  chap.  25.        SEC.  26.  No  teacher  of  public  schools  shall  be  employed, 

have  certificate  or  receive  any  pay  from  the  public  funds,  unless  he  or  she 

pfoyed.em         have  a  certificate  of  qualification  given  to  him  of  her  by 

the  County  Superintendent  for  the  county  within  which  he 

or  she  is  employed.     No  such  payment  shall  be  allowed, 

if  made,  and  any  officer  who  shall  make  or  sanction  it 

shall  also  be  subject  to  a  penalty  of  not  less  than  five  nor 

more  than  fifty  dollars;  and  for  like  services  of  male  and 

female  teachers,  like  salaries  shall  be  paid. 

1873.  chap.  25.        SEC.  27.  Every  teacher  in  a  public  school  shall  keep  a 

Teacher  to 

keep  regiBter      daily  register  of  facts  pertaining  to  his  or  her  school,  in 

and  deliver  to 

clerk.  such  form  as  the  school  regulations  shall  require,  ana 

shall  be  responsible  for  the  safe-keeping  and  delivery  of 
the  same  to  the  clerk  of  the  school  district  at  the  close  of 
the  school  term,  or  of  the  period  of  his  or  her  services, 
whichever  shall  first  happen. 

NOTE. — The  school  forms  require  certificate  that  all  reports  have 
been  made*,  before  warrant  can  be  issued  for  payment. 

writtenhcaon25'        SEC'  28>  Written  contracts  shall  be  made  with  all  public 
tracts.  school  teachers,  at  fixed  rates  per  month,  before  they  enter 

upon  their  duties,  in  a  form  prescribed  by  the  school  reg- 
ulations j  such  contracts  shall  be  signed  in  duplicate,  each 
party  holding  a  copy. 

NOTE. — See  Section  20,  Subsection  3,  and  notes  following  same. 

'  SEC-  29>  Any  teacner  of  a  Public  school  may,  for  suffi- 
cient  cause,  suspend  pupils  from  attendance  on  the  school 
until  the  case  is  decided  by  the  Board  of  School  Directors, 
which  shall  be  with  as  little  delay  as  possible. 

NOTE  1. — See  3  Head,  455,  Anderson  v.  State;  5  Lea,  526,  Parker 
v.  School  District;  3  Leg.  Rep.,  19,  State  v.  Von  Stranz. 

NOTE  2. — The  teacher  has  power  to  punish  pupils  for  offenses  com- 
mitted on  the  way  to  and  from  school. 

SCHOOLS,    AND   PUPILS  WHO   MAY   ATTEND   SCHOOLS. 

1873.  chap.  25.  SEC.  30.  The  public  schools  shall  be  free  to  all  persons 
between  the  ages  of  six  and  twenty -one  years  residing 
within  the  school  district,  and  in  special  cases  those  chil- 
dren residing  in  different  districts  may  be  educated  in 
school  under  such  regulations  as  may  be  prescribed  by  the 
Directors  of  the  district  interested  ;  Provided,  That  white 


THE    PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  21 

and  colored  persons  shall  not  be  taught  in  the  same 
school,  but  in  separate  schools,  under  the  same  general 
regulations  as  to  management,  usefulness,  and  efficiency. 

NOTE. — In  the  act  of  1873,  the  school  age  was  from  six  to  eighteen. 
The  Acts  of  1879,  Chapter  6,  amended  the  law  so  as  to  read  as  above, 
"twenty-one,"  instead  of  eighteen,  before  the  word  "years." 

SEC.  31.  (1)  There  shall  be  two  classes  of  district  public  sec!'iChap' 182' 
schools,  designated  respectively  primary  schools  and  sec-  Jc^0isasses  °f 
ondary  schools. 

(2)  The  Directors  of  each  school  district  shall  establish 
and  maintain  therein  as  many  primary  schools  as  may  be 
necessary  to  teach  the  children  of  the  district;  but  they 
shall  have  due  regard  to  increasing  the  length  of  the 
school  term  for  the  benefit  of  the  district  by  limiting  the 
number  of  schools,  and  they  shall  not  waste  the  school 
funds  by  unnecessary  multiplication  of  schools.    In  every 
primary  school  shall  be  taught  Orthography,  Reading, 
Writing,  Arithmetic,  Grammar,  Geography,  History  of  Ten- 
nessee, (containing)   the  Constitution  of  Tennessee  (Acts 
1899),  and  History  of  the  United  States,  containing  the 
Constitution  of  the  United  States.    Vocal  Music  and  Elocu- 
tion, or  the  art  of  public  speaking,  may  be  taught  therein, 
and  no  other  branches  shall  be  introduced,  except  those 
added  in  (4)  below. 

NOTE. — The  law  contemplates  and  requires  a  five  months  term  in 
every  school  each  year,  and  Directors  have  violated  the  law  if  they 
have  increased  the  number  of  schools  in  the  district  so  as  to  reduce 
the  length  of  the  school  term  below  five  months. 

(3)  The  Directors  of  each  school  district,  whenever  the  secondary 

schools. 

interests  of  the  district  shall  require  it,  may  establish  and 
maintain  therein  one  or  more  secondary  schools.  Every 
secondary  school  shall  consist  of  a  Principal,  and,  when 
necessary,  an  assistant  or  assistants  may  be  employed. 
In  every  secondary  school  shall  be  taught  the  following 
branches :  Orthography,  Reading,  Writing,  Arithmetic, 
Grammar,  Geography,  History  of  Tennessee,  (containing) 
the  Constitution  of  Tennessee  (Acts  1899),  History  of 
the  United  States,  containing  the  Constitution  of  the 
United  States,  Elementary  Geology  of  Tennessee,  Ele- 
mentary Principles  of  Agriculture,  Elements  of  Algebra, 
Elements  of  Plane  Geometry,  Elements  of  Natural  Philos- 
ophy, Bookkeeping,  Elementary  Physiology  and  Hygiene, 


22  THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

Elements  of  Civil  Government,  and  Bhetoric  or  Higher 
English.  Practice  shall  be  given  in  Elocution,  or  the  art 
of  public  speaking.  Vocal  Music  may  be  taught,  and  no 
other  branches  shall  be  introduced,  except  those  included 
in  (4)  following. 

NOTE. — It  is  absolutely  necessary  that  there  shall  be  more  than 
one  teacher  in  every  secondary  school.  Therefore,  it  is  illegal  to 
establish  a  secondary  school  without  a  Principal  and  at  least  one 
assistant,  and  unless,  with  these  teachers,  the  school  can  continue 
at  least  five  months  per  annum. 

physiology  and  (4)  Amendment  taking  effect  January  1,  1896  (Acts 
of  alcoholic  1895,  Chap.  180):  In  addition  to  the  branches  in  which 
ics  and  cigar-  instruction  is  now  given  in  the  public  schools  of  this  State, 

ette  smoking        -»,".,  „ 

be  taught.  Physiology  and  Hygiene,  with  a  special  reference  to  the 
nature  of  alcoholic  drinks  and  narcotics,  and  smoking 
cigarettes,  and  their  effects  upon  the  human  system,  shall 
also  be  taught  as  thoroughly  as  other  required  branches, 
and  shall  be  made  a  regular  course  of  study  for  all  pupils 
in  all  schools  supported  entirely  or  in  part  by  public 
money.  (Sees.  1  and  2.) 

Teachers  re-  (5)  No  certificate  shall  be  granted  to  any  person  to 

a  knowledge  of  teach  in  the  public  schools  of  this  State  after  the  first  of 
'"January,  1896,  who  has  not  passed  a  satisfactory  exami- 
nation in  Physiology  and  Hygiene,  with  special  reference  to 
the  effects  of  alcoholic  drinks  and  narcotics,  and  cigarette 
smoking  upon  the  human  system.     (Sec.  3.) 

NOTE  1. — These  five  subsections  of  Section  31  are  a  substitute  for 
Sec.  31  of  Chap.  25,  Acts  of  1873,  which  was  as  follows: 

"In  every  public  school  shall  be  taught  Orthography,  Reading, 
Writing,  Arithmetic,  Grammar,  Geography,  Elementary  Geology  of 
Tennessee,  and  History  of  the  United  States  ( Elementary  Principles 
of  Agriculture);  and  Yocal  Music  may  be  taught  therein;  and  other 
branches  shall  not  be  introduced  except  as  provided  for  by  local 
taxation,  or  shall  be  allowed  by  special  regulations,  upon  the  payment 
of  such  rates  of  tuition  as  may  be  prescribed.  The  funds  derived 
from  this  source  to  go  into  the  school  fund  for  the  support  of  the 
respective  schools  in  which  it  may  be  collected." 

NOTE  2. — The  study  of  Elementary  Principles  of  Agriculture  was 
added  by  amendment,  1879,  Chap.  187.  This  study  was  retained  in 
the  amendment  of  1891,  but  was  limited  to  the  secondary  schools,  as 
seen  above. 

1879.  chap.  187,        (6)  The  Superintendent  of  Public  Instruction  of  this 

commissioners  State,  and  Commissioner  of  Agriculture,  shall  be  consti- 

>ks'  tuted  a  commission  to  procure  the  preparation  of,  or  the 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  23 

designation  of,  a  work  on  the  "  Elementary  Principles  of 
Agriculture,"  which  shall  be  taught  in  the  public  schools 
of  the  State,  as  are  the  other  studies  prescribed  in  the 
21st  (31st)  section  of  the  public  school  law;  Provided,  No 
moneys  are  to  be  paid  by  the  State,  or  out  of  the  school 
fund,  for  the  preparation  of  the  necessary  book. 

K"OTE.  —  Under  this  provision,  a  text-book  was  prepared  by  Prof. 
Lupton,  and  approved  by  the  commission. 

SEC.  32.  (1)  The  course  of  study  in  the  public  schools 
of  each  county  shall  be  graded,  and  the  system  of  promot- 
ing  pupils  through  the  several  grades  shall  be  prescribed  perintendent. 
by  the  County  Superintendent  thereof,  in  accordance  with 
the  general  regulations  of  the  State  Superintendent.  The 
course  of  study  in  the  primary  schools  shall  consist  of  five 
grades,  and  the  course  of  study  in  the  secondary  schools 
shall  consist  of  eight  grades,  the  first  five  grades  in  each 
being  identical. 

(2)  Pupils  completing  the  first  five  grades,  and  attaining 


proficiency  therein,  shall  receive  a  certificate  from  the  pieting 
State  Superintendent,  certifying  that  the  holder  has  com- 
pleted the  primary  school  course,  which  shall  be  counter- 
signed by  the  County  Superintendent  and  District  Directors, 
and  the  teacher  or  the  teachers  of  the  school,  and  shall 
entitle  the  holder  to  enter  the  sixth  grade  of  the  secondary 
school  of  any  school  district,  or  of  the  high  school  of  any 
high  school  district,  which  is  now,  or  may  hereafter  be 
established,  and  in  which  the  holder  resides. 

(3)  Pupils  completing  the  eighth  grade  in  the  course  of  ^^o8^? 
the  secondary  schools,  and  obtaining  proficiency  therein,  pieting  second- 

fl.ry  schools. 

shall  receive  a  diploma  from  the  State  Superintendent, 
which  shall  be  countersigned  by  the  County  Superintendent 
and  by  the  District  Directors  and  by  the  teachers  of  the 
school,  and  which  shall  entitle  the  holder  to  enter  the 
ninth  grade  of  the  high  school  of  any  high  school  district 
which  is  now  or  may  hereafter  be  established,  and  in 
which  the  holder  resides. 

NOTE  1.—  This  section  is  a  substitute  for  Sec.  32  of  Chap.  25,  Acts 
1873,  which  is  as  follows  : 

"  In  all  the  localities  where  the  number  of  the  children  is  sufficient, 
preference  shall  be  given,  under  suitable  regulations,  to  graded  schools 
—  that  is  to  say,  to  schools  in  which  the  pupils  are  taught  in  the  same 
building,  but  in  different  rooms  and  [by]  teachers,  according  to 


24  THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

advancement,  the  studies  being  the  same  as  in  schools  which  have 
but  one  teacher." 

N^OTE  2. — Sections  31  and  32  constitute  what  is  known  as  the  sec- 
ondary school  law. 

1873.  chap,  25.  SEC.  33.  The  District  Directors  shall  have  the  power, 
s^oSoisldat  and  they  are  hereby  authorized,  to  make  contracts  of 
consolidation  with  the  trustees,  teachers,  or  other  author- 
ities of  academies,  seminaries,  colleges,  or  private  schools, 
by  which  the  public  schools  may  be  taught  in  such  insti- 
tutions; Provided,  That  the  branches  of  study  designated 
in  the  thirty-first  section  of  this  act  shall  be  taught  free 
of  any  charge  in  such  consolidated  schools;  And  provided 
further,  That  the  authority  of  the  County  Superintendent, 
District  Directors,  and  other  school  officers,  over  those 
studying  such  branches,  shall  be  as  full  and  ample  as  in 
the  ordinary  public  schools.  (See  County  High  School 
Bill.) 

NOTE. — In  making  contracts  of  consolidation,  the  Directors  should 
clearly  designate  in  the  written  contract  whether  the  school  is  consol- 
idated as  a  primary  school  or  a  secondary  school.  ,  If  consolidated  as  a 
primary  school,  the  primary  branches  must  be  taught  free  of  charge ; 
if  consolidated  as  a  secondary  school,  the  secondary  branches  must  be 
taught  free  of  charge ;  if  consolidated  without  designation,  it  will  be 
assumed,  prima  facie,  to  be  consolidated  as  a  primary  school. 

SCHOOL   FUNDS   AND   THEIR   DISTRIBUTION. 

1873.  chap.  25.        gEC.  34.  The  permanent  school  fund  of  the  State  shall 

School  fund. 

be  the  one  million  five  hundred  thousand  dollars,  ascer- 
tained and  declared  by  Section  946  of  the  Code,  and  recog. 
nized  by  the  Constitution  of  the  State  to  be  the  permanent 
school  fund.  To  this  shall  be  added  the  interest  which 
has  accrued  on  the  same,  and  not  been  paid  by  the  State, 
amounting,  on  the  first  of  January,  1873,  to  $1,012,500, 
making  this  entire  permanent  State  school  fund  $2,512,500. 
For  this  $2,512,500  a  certificate  of  indebtedness  shall  be 
issued,  signed  by  the  Governor,  under  the  great  seal  of 
the  State,  and  deposited  with  the  Comptroller  of  the 
Treasury,  and  which,  on  its  face,  shall  show  the  purpose 
for  which  it  was  issued;  and  shall  provide  for  the  payment 
of  the  interest  thereon  at  the  rate  of  six  per  centum,  pay- 
able semi-annually  on  the  first  day  of  July  and  the  first 
day  of  January  in  each  year,  commencing  on  the  first  day 
Escheats  of  July,  1873.  To  the  permanent  State  fund  may  be  added, 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  25 

from  time  to  time,  the  proceeds  of  all  escheated  property, 
of  all  property  accruing  to  the  State  by  forfeiture,  of  all 
lands  sold  and  bought  in  for  taxes,  of  the  personal  effects 
of  intestates  having  no  kindred  entitled  thereto  by  the 
laws  of  distribution,  and  donations  made  to  the  State  for 
the  support  of  the  public  schools,  unless  otherwise  directed 
by  the  donors.  The  principal  of  the  said  fund  shall  always 
remain  unimpaired  and  entire,  and  the  annual  income 
arising  therefrom  shall  be,  and  is  hereby,  dedicated  to 
the  support  and  maintenance  of  the  public  schools  of  the 
State. 

SEC.  35.  The  State  school  fund  for  the  annual  support  ^d Chap' 25' 
of  public  schools  shall  be  the  annual  proceeds  of  the 
permanent  State  school  fund — any  money  that  may  come 
into  the  State  treasury  for  the  purpose  under  the  present 
or  future  laws  of  the  State,  and  any  money  that  may  come 
into  the  State  treasury  for  the  purpose  from  any  source 
whatever. 

SEC.  36.  Every  male  inhabitant  in  the  State  subject  ^^^ 25- 
thereto  shall  pay  a  poll-tax  of  one  dollar  for  the  support 
of  the  public  schools,  which  shall  be  collected  as  other 
taxes  are,  and  paid  over  to  the  County  Trustee  in  the  county 
where  collected,  and  distributed  therein  to  each  school  dis- 
trict according  to  scholastic  population. 

NOTE. — The  words  in  italics  were  added  by  amendment,  1875, 
Chap.  138,  Sec.  1. 

SEC.  37.  The  State  school  tax  shall  be  collected  in  the  wra.  chap.  25. 

School  tax ; 

same  manner  as  other  State  taxes,  but  when  the  collectors  how  collected, 
pay  over  to  the  Treasurer  of  the  State  the  money  collected 
by  them,  they  shall  designate  what  part  of  the  same  is  the 
proceeds  of  the  school  tax. 

SEC.  38.  A  tax  of  one  and  one  half  mills  on  the  dollar  ^newS^ne-25' 
shall  be,  and  is  hereby,  annually  assessed  upon  all  property  half  mills  tax- 
subject  to  taxation  for  the  support  of  the  public  schools, 
which  shall  be  collected  as  other  taxes  are,  and  paid  over 
to  the  County  Trustee  in  the  county  where  collected,  and 
distributed  therein  to  each  school  district  according  to 
scholastic  population. 

NOTE. — The  tax  for  school  purposes  levied  by  the  act  of  1873  was 
one  mill  on  the  dollar.  The  Revenue  Act  of  1887,  Chap.  1,  Sec.  1, 
and  all  subsequent  revenue  acts,  levied  fifteen  cents  on  the  hundred 


26 


THE    PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


1873.  Chap.  25. 
School  term  of 
five  months. 


County  Court 
to  levy  tax  and 
complete  term 
of  five  months. 


1873.  Chap.  25. 
Taxes,  how  col- 
lected and  how 
distributed. 


1873.    Chap.  25. 
School  money 
kept  separate 
from  other 
money. 

1873.    Chap.  25, 
Sec.  50. 
Surplus. 


1875.  Chap.  138, 
Sec.  3. 

Bank  of  Ten- 
nessee issue. 


dollars,  or  one  and  one  half  mills  on  the  dollar.     These  acts  amend 
the  original  law. 

SEC.  39.  When  the  money  derived  from  the  school  fund 
and  taxes  imposed  by  the  State  on  the  counties  shall  not 
be  sufficient  to  keep  up  a  public  school  for  five  months  in 
the  year  in  the  school  districts  in  the  county,  the  County 
Court  shall  levy  an  additional  tax  sufficient  for  this  purpose, 
or  shall  submit  the  proposition  to  a  vote  of  the  people, 
and  may  levy  a  tax  to  prolong  the  schools  beyond  the  five 
months,  said  tax  to  be  levied  on  all  property,  polls,  and 
privileges  liable  to  taxation,  but  shall  not  exceed  the 
entire  State  tax. 

NOTE.— The  County  Court  may  levy  a  tax  for  schools  equal  to 
forty-five  cents  on  the  one  hundred  dollars,  but  it  must  levy  a  tax 
sufficient  to  run  the  schools  of  the  county  at  least  five  months  every 
year,  and  it  is  the  duty  of  the  County  Superintendent  to  see  that  this 
is  done. 

SEC.  40.  Taxes  so  levied  by  the  county  shall  be  col- 
lected in  the  same  manner  as  other  county  taxes,  and 
shall  be  paid  over  to  the  County  Trustee  for  distribution 
among  the  school  districts  of  the  county  according  to  their 
scholastic  population. 

SEC.  41.  All  school  money  coming  into  the  hands  of  the 
State  Treasurer  or  County  Trustee  shall  be  kept  separate 
and  apart  from  any  State  or  county  funds  in  their  hands. 

SEC.  42.  All  sums  of  money  derived  from  State  or 
county  funds,  which  are  unexpended  in  any  year  in  any 
public  school  district,  shall  not  go  into  the  hands  of  the 
County  Trustee  for  redivision  the  next  year,  but  shall  be 
credited  to  such  district,  and  be  added  to  the  amount  next 
apportioned  to  such  district. 

NOTE. — The  section  is  given  as  changed  by  amendment,  1875, 
Chap.  138.  Sec.  4.  The  original  enactment  in  1873  was  as  follows : 

"All  sums  of  money  derived  from  State  or  county  funds  which  are 
unexpended  in  any  year  in  any  public  school  district,  shall  go  into  the 
hands  of  the  County  Trustee  for  redivision  the  next  year;  but  no  sums 
derived  from  district  assessment  shall  be  subject  to  redivision  outside 
of  the  district." 

SEC.  43.  In  all  cases  where  school  money  has  been  col- 
lected in  issues  of  the  Bank  of  Tennessee,  and  burned,  it 
shall  be  the  duty  of  the  Comptroller  to  issue  his  separate 
warrant  for  each  year  to  the  County  Trustee  of  each  county 
for  the  amount  of  school  money  belonging  to  such  county 


THE   PUBLIC  SCHOOL   lyAWS   OF   TENNESSEE.  27 

for  each  year  so  burned,  or  burned  as  aforesaid ;  and  the 
proceeds  of  said  warrants,  together  with  all  other  school 
funds  now  in  the  hands  of  County  Trustees,  Superintend- 
ents, or  other  officers,  belonging  to  each  year,  shall  be 
applied,  under  the  direction  of  the  County  Judge  or  Chair- 
man of  the  County  Court,  first,  in  payment  of  all  just 
claims  accruing  in  said  year,  and  the  balance,  if  any, 
applied  in  payment  of  just  claims  next  in  time  of  accruing. 

SEC.  44.  All  money  in  the  treasury  of  the  State  for  the  isvs.  chap.  25 
annual  support  of  her  schools  OQ  the  first  Monday  of  ho\vap^>?-ney 
October  and  April  of  every  year,  shall  be  apportioned  by  tloned- 
the  Comptroller  among  the  several  counties,  according  to 
their  scholastic  population,  as  reported  to  him  by  the  State 
Superintendent.     He  shall  give  immediate  notice  of  such 
apportionment  to  the  County  Trustee  of  each  county,  and 
shall  give  notice  in  some  newspaper  at  the  seat  of  govern- 
ment of  the  amount  apportioned  to  each  county.    He  shall 
issue  his  warrant  on  the  Treasurer  in  favor  of  the  County 
Trustee  of  each  county  for  the  amount  apportioned  to  such 
county,  and  transmit  the  warrant  to  such  Trustee. 

SEC.  44a.  The  County  Trustee  of  each  county  shall  make  Trustees'  quar- 
terly settle- 
quarterly  settlements  with  the  County  Judge  or  Chairman  mentsand  dis- 

of  the  County  Court  of  all  school  funds  arising  from  State 
or  county  levies,  or  from  any  other  source  for  school  pur- 
poses; and  shall  also  make  with  said  County  Judge  or 
Chairman  of  the  County  Court  quarterly  distribution  of  the 
school  moneys  in  his  hands,  and  shall  report  the  same  to 
the  County  Superintendent  and  to  the  Directors  of  the 
several  school  districts,  and  the  County  Superintendent  of 
Public  Instruction  for  the  county  shall  be  present  at  each 
quarterly  settlement  and  distribution  of  the  school  fund, 
and  shall  have  supervision  thereof.  (1897,  Chap.  1,  Sec.  1 ; 
House  Bill,  66.) 

SEC.  44&.  Said  County  Trustee  shall  also  make  annual  Tmstees'annu- 
settlements  of  the  school  fund  with  said  County  Judge  or  als 
Chairman  of  the  County  Court  before  July  15th  of  each 
year,  for  the  school  year  ending  June  30th  previous;  and 
in  said  settlement  said  Trustee  shall  be  .charged  with  all 
tax  aggregates,  picked  up  taxes,  and  with  all  funds  which 
have  come  or  ought  to  come  into  his  hands  for  the  school 
purposes,  and  shall  be  credited  with  all  releases  granted 
by  the  County  Court,  with  his  lawful  commissions  [see 


28 


THE   PUBLIC  SCHOOL   LAWS   OF  TENNESSEE. 


Quarterly  re- 
ports of  County 
Superintend-  * 
ents. 


Trustees'annu- 
al  report  to 
County  Super- 
intendents. 


Protection  of 
fund  against 
loss. 


Same. 


Sec.  46,  and  notes],  and  with  all  amounts  lawfully  dis- 
bursed; and  the  County  Superintendent  of  Instruction 
shall  be  present  at  such  annual  settlement,  and  shall  have 
supervision  thereof.  (Id.,  Sec.  2.) 

SEC.  44c.  It  shall  be  the  duty  of  the  County  Superintend- 
ent to  make  quarterly  reports  to  the  State  Superintendent 
on  or  before  the  15th  day  of  January,  April,  July,  and 
October  of  each  year,  setting  forth  an  account  of  the 
school  funds  derived  from  all  sources,  in  accordance  with 
the  forms  or  on  the  blanks  provided  by  the  State  Super- 
intendent. (Id.,  Sec.  3.) 

SEC.  44d  The  County  Trustee  shall,  on  or  before  July 
15th  of  each  year,  make  annual  reports  to  the  County 
Superintendent  for  the  school  year  ending  June  30th 
previous  in  accordance  with  the  forms  or  on  the  blanks 
provided  by  the  State  Superintendent;  and  said  annual 
report  shall  set  forth  an  account  for  all  moneys  received 
during  the  school  year,  under  the  heads  of  "  Amount  on 
hand  at  beginning  of  school  year,"  ''Gross  amount  re- 
ceived," "From  State,  County,  from  school  districts  and  from 
all  other  sources,"  and  an  account  of  all  moneys  expended 
during  said  school  year,  under  the  heads  of  "Salaries  of 
teachers,"  "  School  sites,  buildings,  and  repairs,"  "  Furniture 
and  fixtures,"  "Libraries,  maps,  charts,  and  apparatus," 
"Paid  District  Clerks,"  "Paid  County  Superintendents," 
"Betained  as  fees  of  Trustee,"  "All  other  expenses,"  and 
"The  balance  on  hand  at  the  end  of  school  year."  (Id., 
Sec.  4.) 

SEC.  44:6.  Whenever  it  shall  appear  to  the  County  Super- 
intendent that  any  portion  of  the  school  fund  has  been  or 
is  in  danger  of  being  lost,  misappropriated,  or  in  any  way 
illegally  disposed  of  or  not  collected,  it  shall  be  the  duty 
of  said  County  Superintendent  to  report  the  same  to  the 
County  Court,  and  also  to  report  the  same  to  the  State 
Superintendent.  (Id.,  Sec.  5.) 

SEC.  44/.  Whenever  it  shall  appear  to  the  State  Super- 
intendent, from  the  report  of  County  Superintendent  or 
from  other  information,  that  any  portion  of  the  school 
fund  has  been  lost,  misappropriated,  or  in  any  way  illegally 
disposed  of  or  not  collected,  it  shall  be  the  duty  of  the 
State  Superintendent,  and  he  shall  have  power,  to  employ 
a  resident  attorney  to  look  after  the  recovery  and  collec- 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSE'C  29 


tion  of  such  fund;  and  for  his  services  may  retain,  out  of 
moneys  actually  recovered  and  collected  by  him,  not 
exceeding  ten  per  cent  thereof;  and  in  no  case  shall  said 
attorney  receive  any  pay  for  said  services  except  his 
commission  as  aforesaid,  retained  out  of  moneys  actually 
collected,  accounted  for,  and  paid  over  by  him  to  the 
officer  lawfully  entitled  to  receive  the  same.  (  Id.,  Sec.  6.) 

SEC.  44#.  It  shall  be  a  misdemeanor  in  office,  punishable  J^Jla^}gJg  f 
by  fine,  for  any  County  Superintendent  or  County  Trustee  meaner. 
to  fail  or  refuse  to  make  any  of  the  reports  provided  for 
in  this  act,  and,  in  the  event  of  such  failure  or  refusal,  it 
shall  be  the  duty  of  the  officer  to  whom  such  report  is 
due,  unless  said  report  is  made  within  thirty  days  after 
the  date  fixed  by  law,  and  to  certify  said  failure  or  refusal 
to  the  Attorney-general  for  the  county  in  or  from  which 
said  failure  or  refusal  shall  have  occurred.     (Id.,  Sec.  7.) 

SEC.  44ft.  It  shall  be  the  duty  of  the  Comptroller  of  the  ^^^  to 
Treasury  to  certify  to  the  Chairman  or  County  Judge  of  jantsjo  county 
each  county  in  the  State  the  date  of  issuance  and  amount 
of  eaeh  warrant  transmitted  to  the  County  Trustee  of  such 
county  in  the  semi-annual  disbursement  of  the  public  school 
fund  (Acts  1899). 

COUNTY  TRUSTEE'S  DUTY. 
SEC.  45.  The  County  Trustee  shall  keep  separate  ac-  1373.  chap.  25. 

Duties  of 

counts  of  the  State  funds  and  the  county  funds,  showing  Trustees  as  to 

3    receipt  and  dis- 

whence  and  on  what  account  the  moneys  were  severally  tribution  of 
derived,  and  by  what  order,  and  on  what  account,  and  to 
whom  they  were  distributed;  and,  as  soon  as  said  moneys 
are  received,  he  shall  report  the   same  to  the  County 
Superintendent  and  to  the  Directors  of  each  school  district. 

NOTE.  —  He  is  also  required  to  make  an  annual  report  to  the  County 
Superintendent  on  or  before  July  15  of  each  year.  (See  Sec.  20, 
Subsection  10;  and  Acts  1897,  Chap.  —  ,  Sec.  2;  Senate  Bill  No.  58.) 

SEC.  46.  He  shall  give  bond  for  the  faithful  performance  ISTS.  chap.  25. 

~  ,  .      ,    ,  .  Trustee's  bond. 

of  his  duties,  with  surety,  to  be  approved  by  the  County 
Court  of  his  county,  in  double  the  amount  of  the  money 
that  may  come  into  his  hands,  and  his  compensation  for 
receiving  and  paying  over  to  the  rightful  authorities  all 
moneys  received  by  him  shall  be  six  per  centum  (6  per 
cent)  on  all  sums  up  to  ten  thousand  dollars  ($10,000), 
and  four  per  centum  (4  per  cent)  on  all  sums  above  ten 


30  THE    PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

thousand  dollars  ($10,000)  and  up  to  twenty  thousand 
dollars  ($20,000),  and  a  commission  of  two  per  centum  (2 
per  cent)  on  all  sums  above  twenty  thousand  dollars 
($20,000);  Provided,  That  in  computing  the  compensation 
of  Trustees  —  all  funds  —  State,  county,  school,  special,  and 
municipal  —  shall  be  taken  and  estimated  as  one,  and  each 
shall  pay  its  respective  portion  of  the  above  commissions 
on  all  sums  of  money  received  by  said  Trustee  for  said 
State,  county,  and  municipality,  respectively;  and,  Pro- 
vided, further,  That  at  the  time  of  the  settlement  with 
the  proper  officers  of  the  State,  county,  and  municipality, 
and  the  computation  of  his  commission  on  collections, 
said  Trustee  shall  furnish  said  officers,  respectively,  with 
a  certified  statement  from  the  Judge  or  Chairman  of  the 
County  Court  showing  the  amount  actually  collected  by 
him  and  paid  over  by  him  to  the  proper  State,  county,  or 
municipal  authorities,  respectively,  as  heretofore  pro- 
vided; Provided,  further,  That  the  Trustee  shall  not  be 
entitled  to  any  commission  on  money  turned  over  to  him 
by  his  predecessor  in  office,  or  on  money  borrowed  for  the 
use  of  the  county  or  municipality;  and,  Provided,  further, 
That  in  no  case  shall  his  compensation  exceed  four  thou- 
sand dollars  ($4,000)  for  the  collection  of  State,  county, 
and  municipal  taxes.  (Assessment  Act  of  1899). 


—  The  act  of  1873  made  the  Trustee's  compensation  one-half 
of  one  per  cent.  The  act  of  1879,  Chap.  129,  provided  as  follows: 

"SEC.  2.  The  County  Trustee  shall  be  allowed  five  per  cent  on  all 
school  money  collected  by  him  from  the  taxpayers  of  his  county,  and 
paid  out  by  him  upon  the  orders  of  School  Directors,  and  to  a  com- 
mission of  one  per  cent  on  all  school  money  received  by  him  from  the 
State  Treasurer,  or  other  sources,  and  paid  out  according  to  law." 

In  1881,  Chap.  106,  the  following  amendment  was  adopted  :  That 
Section  2  of  an  act,  entitled  "An  act  to  amend  an  act,  entitled  'An 
act  to  establish  and  maintain  a  uniform  system  of  public  schools,' 
passed  March  14,  1879,  and  approved  March  22,  1879,  Chap.  129  of 
Acts  of  1879,"  be,  and  the  same  is  hereby,  amended  by  striking  out 
five  per  cent  and  inserting  one  and  a  half  per  cent  in  said  Section  2. 

In  1887  and  1889  the  assessment  acts,  providing  for  the  compensa- 
tion of  the  Trustee,  were  claimed  as  amendments  to  the  act  of  1881. 
The  Supreme  Court,  in  the  case  of  Monroe  County  v.  Hudson,  6  Pickle, 
741,  decided  that  the  assessment  acts  did  not  amend  the  law,  and  that 
the  Trustee  was  entitled  to  only  one  and  one-half  per  cent.  The  perma- 
nent law  now  stands  as  given  above,  viz.  :  one  and  one-half  per  cent. 
The  act  of  1891  (ex.  ses.),  Chap.  26,  Sec.  19,  being  an  amendment  to 
the  act  of  1889,  Chap.  96,  was  repealed  by  the  act  of  1895,  Chap.  120, 


THE    PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  31 

Sec.  117,  p.  246,  thereby  leaving  the  Trustee's  commission  on  all  sums 
collected  from  taxpayers  at  one  and  one-half  per  cent,  and  from  other 
sources  at  qne  per  cent,  when  paid  out  according  to  law,  until  the 
passage  of  assessment  bill  of  1897. 

SEC.  47.  It  shall  be  the  duty  of  County  Trustees  to  keep  issi.^chap.^ 
separate  and  apart  from  other  funds  the  tax  levied  and  school  money 
collected  for  public  school  purposes  in  their  county:  and  SeanorTo8 

,.        appropriate. 

any  Trustee  who  converts  any  such  school  money  to  the 
discharge  of  any  account  charged  against  them  by  the 
State  or  county,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  subject  to  a  line  of  not  less  than  $100,  and  Penalty, 
imprisonment  at  the  discretion  of  the  courts,  and  shall 
forfeit  his  office. 

NOTE  1. — For  further  duties  of  the  Trustee,  see  Sections  44a,  44&, 
44d. 

NOTE  2.— For  liability  of  Trustee,  etc.,  see  5  Lea,  265;  6  Lea,  276; 
9  Lea,  168 ;  14  Lea,  536.  Also  see  Section  20,  Subsections  3  and  10, 
and  notes. 

NOTE  3. — Trustee  not  insurer  of  funds.  The  County  Trustee  is 
not  an  insurer  of  the  funds  in  his  hands,  and  he  is  not  liable  for  same 
when  deposited  in  a  bank  of  undoubted  standing  and  reputation  which 
subsequently  fails,  and  the  funds  are  lost.  He  is  not  a  debtor  for 
such  funds  nor  does  he  hold  them  strictly  as  a  special  bailee.  12  Pickle, 
296. 

SCHOOLS  OF  MUNICIPAL   CORPORATIONS. 

SEC.  48.  None  of  the  provisions  of  this  act  shall  be  |fc3<51Cbap-  ^ 
construed  so  as  to  interfere  with  the  schools  or  school  Notto  interfere 

with  cities  and 

systems  already  established  in  cities  and  incorporated  towns, 
towns,  or  conflict  with  the  chartered  rights  by  virtue  of 
which  funds  for  their  support  are  being  received,  raised, 
and  distributed,  or  to  limit  them  as  to  the  power  to  extend 
the  course  of  study,  it  being  intended  to  encourage  the 
establishment  of  public  high  schools,  when  the  population 
justifies  it,  as  a  means  of  perfecting  the  grading  and 
elevating  the  standard  of  scholarship.  But  all  such 
schools  shall  receive  their  pro  rata  share  of  moneys 
received  under  the  provisions  of  this  act,  according  to 
their  scholastic  population. 

SEC.  49.  That  all  the  rights  and  privileges  reserved  and  i 
given  to  cities  and  incorported  towns  by  Section  51  of 
said  act  (1873,  Chap.  25),  be,  and  the  same  are  hereby, 
extended  to  schools  and  school  systems  that  have  been 
established  by  cities   or  incorporated   towns   since  the 


32 


THK    PUBLIC   SCHOOL   LAWS    OF   TKNNESSKE. 


1881.  Chap.  103, 

Sec.  3. 

Tax  for  graded 

schools. 


1885.  Extra  Ses- 
sion, Chap.  19. 
Towns  may 
establish  com- 
mon schools  of 
a  high  grade. 

Erect  school- 
houses. 


Levy  addi- 
tional tax. 


Board  of 
Education. 


passage  of  said  act,  or  that  may  hereafter  be  established 
by  them. 

SEC.  50.  That  cities  and  incorporated  towns  in  which 
have  been  established,  or  may  hereafter  establish,  such 
higher  graded  schools,  be,  and  the  same  are  hereby, 
authorized  and  empowered  to  supplement  the  school  fund 
derived  from  State  and  county  tax,  by  an  additional 
municipal  tax  or  levy,  for  the  support  of  said  schools; 
Provided,  however,  That  no  incorporated  town  or  munici- 
pality shall  exceed  its  lawful  limit  of  taxation  in  making 
such  additional  levy. 

SEC.  51.  (1)  The  several  incorporated  cities  and  towns 
within  this  State  may,  through  their  Boards  of  Mayor  and 
Aldermen,  establish  and  maintain,  within  their  respective 
corporate  limits,  a  system  of  high  graded  common  schools. 

(2)  For  this  purpose,  the   said  Board  of  Mayor  and 
Aldermen  of  any  municipal  corporation  within  this  State 
may  procure  a  suitable  schoolhouse  or  houses,  either  by 
erection  or  purchase,  and,  in  making  such  erection  or 
purchase  of  such  house  or  houses,  and  furnishing  the 
same,  may  apply  the  common  school  fund  to  which  their 
respective  scholastic  populations  are  entitled  by  law. 

(3)  For  the  purpose  of  erecting,  or  causing  to  be  erected, 
or  purchasing  such  school  buildings  or  houses,  and  furnish- 
ing the  same,  and  for  the  purpose  of  establishing  and 
maintaining  such  high  graded   common   public  schools, 
said  Board  of  Mayor  and  Aldermen  may  levy  and  collect 
an  additional  tax  to  that  imposed  by  or  under  the  general 
provisions  of  the  school  law  upon  all  taxable  polls,  privi- 
leges, and  property  within  the  corporate  limits ;  Provided, 
That  the  special  tax  levied  under  this  section,  and  the 
municipal  taxes  for  municipal  purposes,  shall  in  no  case 
exceed  the  rate  of  taxation  for  general  purposes  fixed  by 
charter  limitation. 

(4)  The  Board  of  Mayor  and  Aldermen  of  any  such 
municipal  corporation  so  establishing  public  schools  may, 
and  they  shall,  have  full  power  to  appoint  a  Board  of 
Education,  consisting  of  not  exceeding  six  qualified  citi- 
zens residing  within  their  corporate  limits,  which  Board, 
when  so  appointed,  shall  have  full  power  as  trustees  or 
directors  to  manage  and  control  such  schools,  to  elect  or 
employ  well-qualified  teachers,  and  to  prescribe  all  needful 


THE   PUBLIC   SCHOOL   LAWS   OF  TENNESSEE.  33 

rules  and  regulations  ;  and  said  Board  shall  hold  its  office 
as  follows:  Two  for  three  years,  two  for  two  years,  two 
for  one  year,  and,  after  the  first  year,  two  Commissioners 
shall  be  elected  each  year,  subject  to  removal  for  good 
cause  by  the  said  Board  of  Mayor  and  Aldermen. 

(5)  Nothing  in  this  act  shall  be  so  construed  as  to  allow 
or  permit  mixed  schools  of  the  white  and  colored  popula- 
tion, but  such  schools  shall  be  taught  separately,  as  now 
provided  by  law. 

N"OTE.  —  Additional  provision  for  Pulaski.  The  act  of  1885,  Chap. 
37,  providing  for  a  system  of  public  schools  for  the  town  of  Pulaski, 
does  not  repeal  the  system  provided  for  all  municipal  corporations  in 
Sees.  48-51  above,  even  as  to  said  town,  and  it  may  avail  itself  of 
either  provision.  15  Lea,  638,  639. 

SEC.  52.  The  Board  of  Commissioners  (of  taxing  districts 
of  the  second  class)  shall  have  power,  by  ordinance,  within  82,  sec.  2. 

Schools  in  tax- 

the  district,     ...    to  establish  and  maintain  a  public  ing  districts. 

school  or  public  schools;  or  said  Commissioners  may  join 

with  the  Public  School  Commissioners  of  the  civil  district 

in  which  said  taxing  district  is  located,  in  maintaining  the 

public  schools  located  within  the  limits  of  said  taxing 

district. 


1.  —  The  following  opinion  has  been  given  officially  by  Attor- 
ney-general Pickle  : 

"My  opinion  is  that  taxing  districts  of  the  second  class  are  not 
embraced  by  Chap.  19,  Acts  1885  (extra  session),  and  are  not,  there- 
fore, authorized  by  that  act  to  elect  the  Board  of  Education  therein 
provided  for. 

"That  act  applies  to  that  class  of  corporations  having  Boards  of 
Mayor  and  Aldermen;  taxing  districts  are  not  of  that  class  of  municipal 
corporations.  But  I  am  of  further  opinion  that,  under  the  express 
power  conferred  upon  taxing  districts  of  the  second  class  by  Acts  of 
1885,  Chap.  82,  to  establish  and  maintain  a  public  school  or  schools, 
the  Commissioners  of  such  taxing  district  possess  such  implied  powers 
as  are  usual  and  necessary  for  the  accomplishment  of  the  general 
purpose  of  the  law. 

"The  Commissioners  may  employ  such  means,  methods,  and  agents 
as  are  usual,  necessary,  and  proper  to  effectuate  the  object  proposed  — 
the  establishment  and  maintenance  of  a  public  school. 

"  If  a  Board  of  Education  is  a  means  usual  and  appropriate  for  that 
purpose,  I  see  no  reason  why  the  Commissioners  have  not  implied 
authority  to  create  one,  although  it  may  not  be  of  that  precise  kind  of 
Board  authorized  by  Acts  1885,  Chap.  19. 

"The  Board,  of  course,  would  be  mere  agents  of  the  taxing  district, 
not  independent  officers;  but  its-acts,  authorized  and  approved  by  the 

2 


34 


THE   PUBLIC   SCHOOL   LAWvS   OF  TKNNESSKE. 


Commissioners,  would  be  treated  as  the  acts  of  the  -Commissioners 
themselves,  and,  therefore,  valid." 

NOTE  2. — Taxing  districts  of  second  class  were  created  by  Acts 
1881,  Chap.  127 ;  amended  by  Acts  1885,  Chap.  82.  The  provisions  in 
reference  to  public  schools  is  on  page  164  of  said  acts.  (See  10  Lea, 
478.)  Taxing  districts  are  municipal  corporations. 


1875.    Chap.  90. 
Normal  schools 


Board  of 
Education. 


Location  of 
schools. 


Donations. 


Trustees  of 
colleges. 


Admission  of 
pupils. 


BOARD   OF  EDUCATION  AND    NORMAL   SCHOOLS. 

SEC.  54.  (1)  The  establishment  of  a  normal  school  or 
schools  is  hereby  authorized  to  be  effected  by  the  Board 
of  Education  hereinafter  provided  for.  The  said  normal 
school  or  schools  shall  be  made  in  every  respect  first-class 
institutions  for  the  professional  education  of  teachers,  and 
the  most  approved  method  of  instruction  shall  be  adopted, 
and  none  but  teachers  experienced  and  skilled  shall  be 
employed  to  take  charge  of  them. 

(2)  Said  Board  of  Education  shall,  at  as  early  date  as 
may  in  their  judgment  be  practicable,  locate  and  make 
arrangements  for  opening  such  normal  school  or  schools, 
furnishing  them,  adopting  a  course  of  study,  employing 
teachers  and  other  officers. 

(3)  In  the  location  of  said  normal  school  or  schools,  the 
State  Board  of  Education  shall  give  preference  to  such 
locality,  accessible  to  all  parts  of  the  State,  as  shall  offer 
gratuitously  the  most  suitable  grounds  and  buildings  for 
the  establishment  of  the  same. 

NOTE. — By  Sec.  1,  Chap.  154,  Acts  1881,  the  following  words, 
which  formed  the  conclusion  of  the  above  subsection,  were  repealed : 

"  Povided,  That  nothing  in  this  act  shall  be  so  construed  as  to 
authorize  the  expenditure  of  money  from  the  State  treasury  or  school 
funds  of  the  State." 

(4)  Said  Board  of  Education  may  receive  contributions 
of  money  from  the  Trustees  of  the  Peabody  Educational 
Fund,  or  donations  of  property  or  funds  from  any  other 
source,  for  the  benefit  of  this  enterprise,  which  they  shall 
in  good  faith  dispose  of  and  disburse  in  accordance  with 
the  conditions  of  the  donations. 

(5)  The  trustees  of  colleges,  universities,  or  educational 
institutions  shall  have  the  power  to  give  the  use  of  their 
property  to  the  State  Board  of  Education  for  the  benefit 
of  normal  schools. 

(6)  No  pupil  shall  be  admitted  into  said  schools  who  is 
under  sixteen  or  over  thirty  years  of  age,  and  who  shall 


THK    PUBI.IC   SCHOOL   LAWS    OF   TENNKSS33.  35 

not  have  undergone,  satisfactorily,  such  examination  as 
may  be  prescribed  by  the  State  Board  of  Education. 
Those  already  engaged  in  teaching  may  enter  said  normal 
school  or  schools  as  pupils  upon  conditions  fixed  by  the 
State  Board  of  Education. 

NOTE.— Sec.  3,  Chap.  154,  Acts  1881,  amended  this  subsection  so 
as  to  entitle  one  pupil  from  each  senatorial  district,  to  a  scholarship 
of  $100  per  annum,  to  be  paid  out  of  the  funds  of  the  college.' 

This  amendment  was  repealed  by  Sec.  1,  Chap.  255,  Acts  1883. 

(7)  Pupils  of  the  public  schools  may  be  recommended  Eligibility. 
for  admission  into  said  normal  school  or  schools  by  the 
County  Superintendent,  on  consultation  with  the  Directors 

of  the  school  districts  of  his  county,  and  in  cities  by  the 
Superintendent  of  Public  Schools;  and  such  pupils  so 
recommended,  and  who  pass  a  satisfactory  examination, 
shall  have  precedence  over  all  other  applicants. 

(8)  Diplomas  shall  be  granted  to  those  who  honorably  Diplomas, 
complete  the  course  of  study  prescribed  in  said  schools; 

and  possession  of  such  diploma  shall  exempt  the  holder 
thereof  from  the  examination  prescribed  as  a  condition 
precedent  to  employment  in  the  public  schools  of  the 
Sta,te,  any  such  graduate  being  eligible  as  a  teacher  in  any 
county  of  the  State. 

NOTE.— Such  graduate  is  eligible  in  any  county,  and  a  certificate 
from  the  County  Superintendent  is  not  necessary.  It  is  better, 
however,  in  order  to  avoid  any  controversy,  that  the  County  Super- 
intendent should  issue  a  first-grade  secondary  certificate  without 
examination. 

(9)  The  same  registers,  records,  and  reports  which  are  Registers  and 
prescribed  in  the  State  school  law  for  the  public  schools, 

or  which  may  be  ordered  by  the  State  Superintendent  of 
Public  Instruction,  shall  be  kept  by  the  officers  and  teach- 
ers of  said  normal  schools,  and  regular  reports  shall  be 
made  directly  to  the  State  Superintendent,  at  the  times 
and  in  the  manner  required  by  law  for  other  public 
schools,  or  at  such  other  time  as  he  may  require. 

(10)  The  State  Board  of  Education  shall  keep  such  nor-  white  and 

'  colored  pupils 

mal  schools  as  may  be  established  for  white  and  colored  distinct. 
pupils  entirely  distinct  and  separate ;  Provided,  That  the 
provisions  therein  for  training  and  improvement  shall  be 
impartially  proportioned. to  the  demands  of  each. 

(11)  The  salaries  of  principals,  teachers,  and  other  salaries. 


36  THE   PUBLIC   SCHOOL   lyAWS   OF   TENNESSEE.  ' 

officers  of  said  normal  schools,  and  all  other  expenditures, 
shall  be  determined  by  the  State  Board  of  Education,  and 
the  disbursements  shall  be  made  by  the  Treasurer  of  the 
Board,  upon  its  order. 

secretary  and  (12)  The  State  Superintendent  of  Public  Instruction 
shall  be  Secretary  and  Treasurer  of  the  State  Board  of 
Education,  and  as  such  shall  have  charge  and  general 
supervision  of  the  disbursement  of  all  moneys  hereafter 
appropriated  for  the  Peabody  Normal  College,  and  for  all 
normal  colleges  and  institute  funds.  He  shall  ~keep  in  his 
office  at  the  State  Capitol  a  record  of  all  money  appropri- 
ated for  said  normal  school  or  schools,  and  its  distribution, 
and  before  any  such  money  so  appropriated  shall  be  drawn 
from  the  Treasury,  he  shall  pass  upon  and  certify  to  the 
correctness  of  all  vouchers,  to  be  filed  with  the  Comptroller 
prior  to  the  issuance  of  his  warrant. 

SEC.  2.  The  State  Superintendent  of  Public  Instruc- 
tion, as  the  Secretary  and  Treasurer  of  the  State  Board 
of  Education,  shall  give  a  bond  in  the  sum  of  ten  thou- 
sand dollars,  payable  to  the  State  of  Tennessee,  for  the 
faithful  performance  of  his  duty  as  such  Treasurer,  which 
bond  shall  be  approved  by  the  Governor  and  Attorney  - 
General.  (Acts  1899). 

state  Board  of       (13)  The  Governor  of  the  State  shall  appoint  a  State 

Education. 

Board  of  Education,  to  consist  of  six  members,  two  of 
whom  shall  be  appointed  for  six  years,  two  for  four  years, 
and  two  for  two  years;  and,  after  the  expiration  of  their 
first  terms  of  office,  their  successors  shall  be  appointed 
for  six  years.  The  Governor  of  the  State  shall  be  ex  officio 
a  member  and  President  of  said  board. 

NOTE.— By  Chap.  35,  Acts  1891,  the  State  Superintendent  of  Public 
Instruction  is  made  ex  officio  a  member. 

1881.  chap.  154,  (14)  The  said  Board  of  Education  be,  and  the  same  is 
hereby,  authorized  to  expend  annually  for  the  support  of 
said  Normal  College,  at  Nashville,  exclusively,  twenty  thou- 
sand dollars  ($20,000)  out  of  any  funds  in  the  State  treasury 

$15,000  appro-     not>  otherwise  appropriated,  to  be  paid  upon  the  order  of 

priated.  saj£  Board  of  Education  upon  the  warrant  of  the  Comp- 

troller, issued  in  favor  of  the  President  of  said  State 

scholarships.  Normal  College;  Provided,  That  the  Peabody  Board  of 
Trustees  shall  allow  to  the  State  thirty-three  scholarships 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  37 

of  one  hundred  dollars  ($100)  each  and  traveling  expenses, 
one  of  whom  shall  be  appointed  from  each  senatorial  dis- 
trict in  the  State,  upon  and  after  such  competitive  examina- 
tions as  may  be  prescribed  by  the  State  Board  of  Education' 
to  be  held  in  the  several  counties  of  the  State. 

NOTE  1. — The  words  in  italics  were  placed  by  amendment,  1891. 
Chap.  177.  The  act  of  1881,  previous  to  the  amendment,  appropriated 
$10,000  per  annum,  and  did  not  contain  the  proviso. 

NOTE  2. — Section  2,  Chap.  177,  Acts  1891,  repealing  all  acts  in 
conflict  with  this  Subsection  14,  by  implication  repeals  the  following, 
Sec.  2,  Chap.  255,  Acts  1883 : 

"The  $10,000,  as  annually  appropriated  in  Section  2  of  said  act, 
approved  April  6,  1881,  shall  be  used  by  the  State  Board  of  Education 
to  support  said  Normal  College,  at  Nashville,  exclusively;  Provided, 
That  the  General  Agent  of  the  Peabody  Board  of  Trustees  shall  allow 
to  this  State  Peabody  scholarships  on  the  same  condition  as  those 
granted  other  States." 

Twenty  thousand  dollars  were  appropriated  by  the  General  Assem- 
bly in  1895,  which  amount  was  continued  in  1897  and  1899. 

(15)  Three  thousand  three  hundred  dollars,  or  so  much   sec!'4Chap' 154' 
thereof  as  may  be  deemed  necessary,  shall  be  intrusted  ^hoiarships. 
to  the  State  Board  of  Education  for  the  higher  and  normal 
education  of  the  children  of  Tennessee  of  African  descent, 

and  upon  the  order  of  said  Board  of  Education,  the  Comp- 
troller shall  issue  his  warrant  for  the  same  to  the  president 
or  financial  manager  of  approved  institutions  of  learning 
for  scholarships  for  the  benefit  of  such  of  the  aforesaid 
children  as  may  apply  therefor,  under  such  regulations  as 
may  be  prescribed  by  said  Board  of  Education,  which 
amount  shall  be  appropriated  out  of  the  State  treasury 
over  and  above  the  $20,000,  as  annually  to  be  used  by  the 
said  State  Normal  College;  it  being  intended  that  this  shall 
be  a  separate  fund,  to  be  used  by  said  State  Board  of  Edu- 
cation to  defray  the  expense  of  two  colored  pupils  from 
each  senatorial  district  of  the  State  in  approved  institu- 
tions of  learning. 

NOTE. — The  words  in  italics  constitute  the  amendment  made  by 
Sec.  4,  Chap.  255,  Acts  1883,  the  appropriation  previous  to  said  amend- 
ment being  $2,500  per  annum. 

(16)  It  shall  be  the  duty  of  said  Board  of  Education  1375.  chap.  90, 
to  report,  through  the  Superintendent,  to  the  regular  Report, 
meeting  of  the  General  Assembly  the  operations  of  the 

board,  the  condition  and  progress  of  the  normal  schools, 


38 


THE   PUBLIC   SCHOOL   LAWS    OF   TENNESSEE. 


1883.  Chap.  255, 
Sec.  3. 
Report  of 
Board  of  Edu- 
cation. 


with  such  suggestions  as  they  may  deem  advisable  for 
the  improvement  of  normal  and  public  schools. 

(17)  The  State  Board  of  Education  shall,  at  proper 
times,  inspect  the  management  of  the  State  Normal  Col- 
lege, and  audit  the  accounts  for  the  disbursement  of  the 
funds,  and  make  a  biennial  statement,  through  the  Gov- 
ernor, to  the  Legislature,  showing  its  condition  and  prog- 
ress, and  otherwise  guard  the  State's  interest  in  the  same. 


1879.   Chap.  155. 
Public  exam- 
ination of 
candidates. 


Duties  of 
County  and 
City  Superin- 
tendents. 


Duty  of  State 
Superintend- 
ent. 


APPOINTMENT   OF   CADETS  TO  UNIVERSITY  OF  TENNESSEE. 

SEC.  55.  (1)  In  order  to  secure  more  regularity  in  the 
appointment  of  State  cadets  in  the  University  of  Tennes- 
see by  Senators  and  Representatives,  as  now  provided  by 
law,  and  to  secure  the  greater  usefulness  of  their  appoint- 
ment to  the  State  at  large,  it  shall  be  the  duty  of  the 
State  Superintendent,  in  the  month  of  May  in  each  year, 
to  issue  notice  to  the  County  and  City  Superintendents  of 
Schools  throughout  the  State,  requiring  them  to  hold 
public  examinations  of  candidates  for  such  appointments 
in  their  respective  counties  or  cities,  and  giving  full  and 
uniform  directions  with  reference  to .  the  subject  and 
method  of  such  examinations. 

(2)  It  shall  be  the  duty  of  the  County  and  City  Superin- 
tendents, on  the  receipt  of  such  directions,  to  give  due 
public  notice  thereof  for  not  less  than  ten  days,  and  in 
the  month  of  June  he  shall  proceed  to  hold  such  exami- 
nation or  examinations  as  may  be  necessary  in  his  county 
or  city,  engaging,  if  necessary,  the  assistance  of  suitable 
persons,  but  without  cost  to  the  State,  and  on  the  conclu- 
sion of  such  examination,  or  within  ten  days  thereafter, 
he  shall  transmit  a  list  of  the  qualified  candidates  in  their 
order  of  merit,  as  determined  by  the  examination,  to  the 
State  Superintendent  of  Public  Instruction,  who  shall  keep 
a  roll  of  the  names,  by  counties  and  cities,  in  his  office. 

(3)  It  shall  be  the  duty  of  the  State  Superintendent,  on 
the  receipt  of  such  list  from  any  County  or  City  Superin- 
tendent, to  communicate  the  same  to  the  Senators  or 
Representatives  thereof,  with  the  number  of  vacancies  in 
such  appointments  actually  existing  for  the  said  county 
or  city,  which  shall  be  ascertained  from  the  roll  of  the 
university,  and  the  said  Senators  and  Representatives  may 


THB   PUBLIC   SCHOOL   IvAWS    OF   TENNESSEE.  39 

then  proceed  to  make  their  appointments  from  the  said 
lists,  certifying  the  same  to  the  State  Superintendent,  who 
shall  keep  a  roll  thereof  in  his  office,  and  communicate 
the  same  to  the  president  of  the  university. 

(4)  If  in  any  county  or  city  the  list  of  qualified  candi-  Ug}™  candi- 
dates  should  not  be  sufficient  for,  the  appointment  as  now 
authorized  by  law,  any  Senator  or  Representative  may 

make  his  appointment  from  any  other  county  or  city  in 
which  there  may  be  a  surplus  of  qualified  candidates,  after 
the  Senator  or  Representative,  or  Senators  and  Repre- 
sentatives thereof,  shall  have  completed  their  appoint- 
ments. 

(5)  If,  by  the  tenth  day  of  August,  there  shall  still  mT'Sfanlies. 
remain  vacancies  unfilled  by  Senators  or  Representatives, 

the  president  of  the  university  shall  be  authorized  to  fill 
the  same  from  the  list  of  qualified  candidates  up  to  the 
number  authorized  by  law  j  Provided,  That  such  appoint- 
ments by  the  president  shall  be  for  one  year  only,  and 
that  in  making  the  same,  preference  shall  be  given  to 
counties  and  cities  whose  quota  has  not  been  filled,  and 
in  the  several  counties  and  cities  to  those  persons  who 
stood  highest  in  the  order  of  merit. 

(6)  In  the  event  of  a  vacancy  occurring  in  any  of  the  S>atl-S1nds.exam" 
aforesaid  appointments  in  any  county  or  city  in  which  the 

list  of  the  qualified  candidates  has  been  exhausted,  it  shall 
be  the  duty  of  the  County  or  City  Superintendent,  on  the 
written  request  of  any  Senator  or  Representative  of  the 
said  county  or  city,  to  hold  such  examination  as  is  herein 
provided  for  such  applicant  or  applicants  as  maybe  recom- 
mended by  the  said  Senator  or  Representative,  and  to 
proceed  therewith  in  the  form  and  manner  herein  pro- 
vided j  Provided,  That  nothing  in  this  bill  shall  be  con- 
strued to  limit  or  abridge  the  right  of  appointment  by 
Senators  or  Representatives  as  now  authorized  by  law. 

AN  ACT  TO  ENCOURAGE  TREE  PLANTING. 

SEC.  56.   It  shall  be  the  duty  of  the  County  Superin-  iss?.  chaP.i72. 
tendent  of  Public  Schools  of  each  county  to  set  apart 
some  day  in  November  in  each  year  as  "Arbor  Day"  in  all 
the  public  schools  of  the  county,  that  trees  may  be  planted 
around  the  buildings,  that  the  grounds  around  such  build- 


40  THE   PUBLIC   SCHOOIv   I^AWS   OF   TENNESSEE. 

ings  may  be  improved  and  beautified;  such  planting  to  be 
attended  with  appropriate  and  attractive  ceremonies,  that 
the  day  may  be  one  of  pleasure  as  well  as  of  instruction  for 
the  young;  all  to  be  under  the  supervision  and  direction 
of  the  teacher,  who  shall  see  that  the  trees  are  properly 
selected  and  set. 


County  High  School  Law. 


SECTION!.     Whenever  it   shall  appear  to  the  County  county  high 

*     schools  may  be 

Court  of  any  county  that  the  public  interest  requires  it,  established, 
said  Court  shall  have  power  to  provide  for  establishing 
and  maintaining  one  or  more  county  high  schools  for  the 
instruction  of  the  children  of  the  county j  the  said  high 
school  or  schools  to  be  managed  as  hereinafter  provided. 

SEC.  2.  The  said  Court  for  the  purpose  aforesaid  shall 
have  power  to  levy  special  taxes,  in  addition  to  other  Tax. 
taxes,  for  school  purposes,  not  to  exceed  fifteen  cents  on 
the  one  hundred  dollars  on  all  taxable  property,  to  be  - 
levied  and  collected  as  other  county  taxes;  and  the  said 
court  shall  also  have  power,  for  the  purpose  aforesaid,  to 
make  appropriations  out  of  any  county  funds  not  other- 
wise appropriated,  except  out  of  the  public  schools  funds; 
and  the  funds  arising  from  the  taxes  levied  for  the  purpose, 
and  for  the  appropriation  made  for  the  purpose, 
shall  constitute  a  special  fund  to  be  known  as  the  County 
High  School  Fund,  which  shall  be  kept  by  the  County 
Trustee  separate  and  apart  from  all  other  funds,  and 
applied  exclusively  to  the  purpose  aforesaid. 

SEC.  3.  The  management  and  control  of  the  county  county  board 
high  school  or  schools  shall  be  vested  in  the  County  Board 
of  Education,  which  shall  consist  of  seven  members,  six  of 
whom  shall  be  elected  by  the  County  Court  as  soon  as  the 
Court  shall  have  decided  to  provide  for  establishing  a 
county  high  school  or  schools,  two  of  whom  shall  be  elected 
to  serve  until  the  following  January  term  of  the  Court,  two 
to  serve  until  the  second  January  term  following  their  elec- 
tion, and  two  to  serve  until  the  third  January  following  their 
election;  at  the  expiration  of  the  terms  of  the  several 
members,  their  successors  shall  be  elected  at  the 
respective  January  terms  of  the  Court  to  serve  three 
years.  Not  more  than  one  member  of  the  board  shall 
be  elected  from  the  same  school  district,  and  the  mem- 
bers shall  be  distributed  through  the  different  localities 

(41) 


42  THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

of  the  county  as  the  Court  shall  deem  equitable.  The 
Court  shall  fill  all  vacanies  for  unexpired  terms  at  the 
quarterly  term  of  the  Court  after  the  vacancy  occurs,  or  a 
soon  thereafter  as  possible.  The  County  Superintendent 
shall  be  ex-officio  a  member  of  the  Board  of  Education,  and 
Secretary  thereof,  and  may  receive  such  compensation  for 
his  services  as  Secretary  as  the  Board  shall  allow,  in  addi- 
tion to  his  salary  as  County  Superintendent. 

Branches  SEC.  4.    In  every  county  high  school  shall  be  taught  all 

the  branches  of  study  now  required  or  permitted  by  law 
to  be  taught  in  the  secondary  schools,  excepting  and 
excluding  the  branches  named  to  be  taught  in  the  five 
grades  of  the  primary  schools  5  and  in  addition  such  other 
high  school  branches  may  be  taught  as  the  Board  of  Edu- 
cation may  prescribe  as  necessary  to  prepare  pupils  for 
college  or  for  business.  The  county  high  schools  shall  be 
graded  by  the  Board  of  Education  under  the  general  regu- 
lations of  the  State  Superintendent  and  the  supervision 
of  the  County  Superintendent,  beginning  with  the  sixth 
grade,  which  sixth  grade  shall  be  adjusted  for  the  admis- 
sion of  pupils  who  have  completed  the  five  grades  of  the 
primary  schools. 

Three  teachers.        SEC.  5.     In  order  to  secure  efficient  instruction  for  the 
extensive  course  of  study,  the  Board  shall  employ  in 
every  county  high  school  not  less  than  three  teachers. 
Pupils.  SEC.  6.    The  county  high   school  or  schools   shall  be 

open  to  all  the  children  of  the  county  of  lawful  age  who 
shall  be  otherwise  qualified,  and  who  have  completed  the 
primary  school  course,  or  its  equivalent,  as  tested  by 
examination  or  such  regulations  as  may  be  provided  by 
the  Board  for  the  admission  of  pupils;  Provided,  That  the 
county  high  schools  shall  be  separate  for  white  and 
colored  pupils,  as  provided  by  law  for  all  public  schools. 
Board  to  io-  SEC.  7.  The  Board  of  Education  shall  have  power  to 

etc6' r  lge'  locate,  establish,  and  manage  the  county  high  school  or 
schools,  to  make  contracts  with  teachers,  draw  warrants 
on  the  County  Trustee  on  account  of  the  high  school  fund, 
and  shall  perform  such  duties  and  exercise  such  powers 
with  respect  to  the  control  and  management  of  the  county 
high  school  or  schools  as  are  now  vested  by  law  in  the 
District  Directors  with  respect  to  the  control  and  manage- 
ment of  the  district  schools. 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  43 


SEC.  8.  The  County  Board  of  Education  shall  have 
power  to  make  contracts  of  consolidation  with  the  proper  other  schools. 
authorities  of  seminaries,  academies,  or  colleges,  or  with 
city  Boards  of  Education,  or  District  Directors,  whereby 
the  county  high  school  may  be  taught  in  said  seminaries, 
academies,  or  colleges,  or  city  or  district  schools  ;  Provided* 
That  the  high  school  branches  be  taught  free  of  charge  to 
all  pupils  of  the  county  entitled  thereto;  And  provided 
further,  That  the  authority  of  the  State  Superintendent, 
the  County  Superintendent,  the  Board  of  Education,  and 
all  school  officers  shall  be  as  full  and  ample  in  such  con- 
solidated school  as  in  other  county  high  schools;  And 
provided  further,  That  no  teacher  shall  be  employed  in 
teaching  the  said  high  school  branches  unless  said  teacher 
shall  have  a  teacher's  certificate  of  such  grade  as  may  be 
prescribed  for  such  service,  the  County  Superintendent 
under  the  general  regulations,  and  unless  the  employment 
of  said  teacher  shall  be  approved  by  the  Board  of  Edu- 
cation. 

SEC.  9.     The  county  high  schools  shall  be  under  the  under  county 

and  state  sup- 
general   supervision  of  the   County  Superintendent  and  erintendents  ; 

of  the  .  State  Superintendent,  as  provided  for  other 
public  schools,  and  it  shall  be  the  duty  of  the  State 
Superintendent  to  provide  such  special  blanks  and  forms, 
and  general  relguations,  as  may  be  needed  for  the  exami- 
nation of  high  school  teachers,  for  warrants  of  the  County 
Board  of  Education,  for  grading  high  schools  and  other 
purposes,  and  to  make  such  changes  in  the  form  of 
reports  as  may  be  necessary  to  adapt  them  to  the  use  of 
the  high  schools,  and  it  shall  be  the  duty  of  the  teachers 
of  the  county  high  schools,  and  of  consolidated  county  high 
schools,  and  of  County  Boards  of  Education,  to  make 
reports  on  the  prescribed  blanks  and  forms  at  the  time 
provided  by  law  for  the  reports  of  other  public  schools, 
and  in  accordance  with  the  regulations  of  State  and 
County  Superintendents. 

SEC.  10.    The  County  Board  of  Education  shall  have  Non-residents 

,      .  .  or  over  school 

power  to  admit  as  pupils  in  the  county  high  school  or  age. 
schools,  persons  over  .the  school  age,  or  non-residents  of 
the  county,  upon  the  payment  of  such  reasonable  rates 
of  tuition,  and  under  such  regulations  as  may  be  prescribed 


44  THK    PUBLIC   SCHOOL   LAWS   OF   TKNNESSKE. 

by  the  Board  for  persons  not  entitled  to  admission  in  said 
schools  free  of  charge, 
county  trustee       SEC.  11.    It  shall  be  the  duty  of  the  County  Trustee  to 

to  pay  out 

fund,  etc.  pay  all  warrants  legally  drawn  by  said  Board  of  Educa- 
tion on  account  of  the  county  high  school  fund,  to  keep  an 
accurate  account  of  said  fund,  and  to  render  report  of 
same  to  the  said  Board  of  Education,  and  to  the  proper 
officers  as  now  provided  by  law  with  respect  to  other 
school  funds. 


Text-Book  Law. 


SECTION  1.  The  governor  and  state  superintendent  of  commission 
public  instruction,  together  with  three  members  of  the 
state  board  of  education  to  be  named  by  the  governor, 
shall  be,  and  are  hereby,  constituted  a  state  text-book 
commission,  whose  duty  it  is  to  select  and  adopt  a  uni- 
form series  or  system  of  text-books  for  use  in  the  primary  commission 
and  secondary  public  schools  in  the  State  of  Tennessee,  adopt  uniform 
and  for  use  in  the  incorporated  cities  or  towns  in  the  high  * 
graded  common  schools.  Said  commission  is  hereby 
authorized,  empowered,  and  directed  to  select  and  adopt 
a  uniform  system  or  series  of  text-books  for  use  in  the 
public  schools  in  this  state,  as  above  indicated,  and  when 
so  selected  and  adopted,  the  text-books  shall  be  used  for 
a  period  of  five  years,  in  all  the  public  schools  of  this 
state,  and  it  shall  not  be  lawful  for  any  school  officer, 
director,  or  teacher  to  use  any  other  books  upon  the 
same  branches,  other  than  those  adopted  by  said  state 
text-book  commission.  Said  uniform  series  shall  include 
the  following  branches  of  study,  to  wit:  Orthography,  Branches  of 
reading,  writing,  arithmetic,  geography,  grammar,  lan- 
guage lessons,  history  of  Tennessee,  containing  the 
constitution  of  the  state,  history  of  the  United 
States,  containing  the  constitution  of  the  United 
States,  physiology,  and  hygiene,  elementary  geology  of 
Tennessee,  elementary  principles  of  agriculture,  elements 
of  algebra,  elements  of  plain  geometry,  elements  of  nat- 
ural philosophy,  bookkeeping,  elements  of  civil  govern- 
ment, rhetoric,  and  higher  English,  and  such  other 
branches  of  study  in  addition  to  the  foregoing  as  said 
commission  may  select  and  designate  for  use  in  the  high 
graded  common  schools  in  the  incorporated  cities  and 
towns  of  this  state;  Provided,  That  none  of  said  text- 
books shall  contain  anything  of  a  partisan  or  sectarian 
character.  It  shall  be  the  duty  of  said  commission  to 
appoint  a  subcomrnission  of  five,  to  be  selected  from 
among  the  teachers,  city  or  county  superintendents 

(45) 


46 


THE   PUBLIC   SCHOOIv   LAWS   OP  TENNESSEE. 


Sub-commis- 
sion author- 
ized. 


Duties  of  sub- 
commission. 


actually  engaged  in  the  school  business  in  this  state,  pro- 
vided that  not  more  than  one  of  these  shall  be  taken  from 
any  congressional  district,  to  whom  shall  be  referred  all 
books  sent  to  the  state  text-book  commission  as  speci- 
men copies,  or  samples,  upon  which  bids  are  to  be  based, 
and  it  shall  be  the  duty  of  said  subcornmission,  in  execu- 
utive  session,  to  examine  and  report  upon  the  merits  of 
the  books,  irrespective  of  the  price,  taking  into  consider- 
ation the  subject-matter  of  the  books,  their  printing,  their 
material  and  mechanical  qualities,  and  their  general  suit- 
ability and  desirability  for  the  purposes  for  which  they 
are  desired  and  intended.  It  shall  further  be  the  duty  of 
said  subcommission  to  report  to  the  commission  at  such 
time  as  said  commission  shall  direct,  arranging  each  book 
in  its  class  or  division,  and  reporting  them  in  the  order 
of  their  merit,  pointing  out  the  merits  and  demerits  of 
each  book,  and  indicating  what  book  they  recommend  for 
adoption  first ;  what  book  is  their  second  choice ;  what 
their  third  choice,  and  so  on,  pursuing  this  plan  with  the 
books  submitted  upon  each  branch  of  study.  And  if  said 
subcommission  shall  consider  different  books  upon  the 
same  subject,  or  of  the  same  class  or  division,  of  approx- 
imately equal  merit,  all  things  being  considered,  they  shall 
so  report,  and  if  they  consider  that  any  of  the  books  offered 
are  of  such  class  as  to  make  them  inferior  and  not  worthy 
of  adoption,  they  shall,  in  their  report,  so  designate  such 
books,  and  in  said  report  they  shall  make  such  recom- 
mendations" and  suggestions  to  the  commission  as  they 
shall  deem  advisable  and  proper  to  make.  Said  report 
shall  be  kept  secret  and  sealed  up  and  delivered  to  the 
secretary  of  the  commission,  and  said  report  shall  not  be 
opened  by  any  member  of  the  commission  until  the  com- 
mission shall  meet  in  executive  session  to  open  and  con- 
sider the  bids  or  proposals  of  publishers,  or  others,  desir- 
ing to  have  books  adopted  by  said  commission.  Each 
member  of  said  subcommission,  before  entering  upon  the 
discharge  of  his  duties,  shall  take  and  subscribe  to  an 
oath  to  act  honestly,  conscientiously,  and  faithfully,  and 
that  he  is  not  directly  or  indirectly,  in  any  manner  inter- 
ested in  any  of  the  proposed  contracts,  nor  in  any  book, 
or  publishing  concern  publishing  any  books  of  the  kind  or 
character  contemplated  for  use  in  the  public  schools  of 


THE   PUBLIC   SCHOOL   LAWS   OF   TWiW^asMl^^  47 


this  or  any  other  state,  and  that  he  will  examine  all  books 
submitted  carefully  and  faithfully  and  make  true  report 
thereon,  as  herein  directed  and  prescribed.  Said  oath 
shall  be  filed  in  the  office  of  the  secretary  of  state.  Said 
text-book  commission  shall  hear  and  consider  said  report 
in  its  selection  and  adoption  of  the  uniform  series  of  text- 
books, and  shall  also  themselves  consider  the  merits  of 
the  books,  taking  into  consideration  their  subject-matter, 
the  printing,  binding,  material  and  mechanical  qualities, 
and  their  general  suitability  and  desirability  for  the  pur- 
poses intended,  and  the  price  of  said  books,  and  they 
shall  give  due  consideration  and  great  weight  to  the 
report  and  recommendations  of  said  subcommission ; 
Provided,  That  no  text-book  the  subject  matter  of  which 
is  of  inferior  quality,  shall  be  adopted  by  the  text-book 
commission.  Said  commission  shall  select  and  adopt  such 
books  as  will,  in  their  best  judgment,  accomplish  the  ends 
desired,  and  they  are  hereby  authorized  and  directed,  in  AS  to  selection 

of  books 

case  any  book  or  books  are  deemed  by  them  suitable  for 
adoption,  and  more  desirable  than  other  book  or  books  of 
the  same  class  or  division  submitted,  and  they  further 
consider  the  price  at  which  such  book  or  books  are  offered 
to  be  unreasonably  high,  and  that  it  should  be  offered  at 
a  smaller  price,  to  immediately  notify  the  publisher  or 
offerer  of  such  book  or  books  of  their  decision,  and 
request  such  reduction  in  price  as  they  deem  reasonable 
or  just,  and  if  they  and  such  publisher  shall  agree  on  a 
price,  they  may  adopt  this  book  or  books,  but  if  not,  they 
shall  use  their  own  sound  judgment  and  discretion  whether 
they  will  adopt  that,  or  the  book  or  books  deemed  by 
them  next  best  in  the  list  submitted.  And  when  said 
text-book  commission  shall  have  finished  with  the  report 
of  said  subcommission,  the  said  report  shall  be  filed  and 
preserved  in  the  office  of  the  state  superintendent  of  pub- 
lic instruction,  and  shall  be  opened  at  all  times  for  public 
inspection. 

SEC.  2.  Said  text-book  commission  shall,  immediately 
after  the  passage  of  this  act,  meet  and  organize,  the  gov-  HOW  the 
ernor  being  ex-officio  president  of  the  commission,  and 
the  commission  shall  elect  its  secretary.  As  soon  as  prac- 
ticable, not  later  than  thirty  days  after  its  organization, 
the  commission  shall  advertise,  in  such  manner,  (and  for 


48 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


Bids  to  be  ad- 
vertised for. 


Requirements 
of  bidders. 


Procedure  of 
commission. 


such  length  of  time,  and  at  such  places,  as  may  be  deemed 
advisable,  that  at  a  time  and  place  fixed  definitely  in  said 
advertisement,  sealed  bids  or  proposals  will  be  received 
from  the  publishers  of  school  text-books  for  furnishing 
books  to  the  public  schools  in  the  State  of  Tennessee, 
through  agencies  established  by  said  publishers  in  the 
several  counties,  and  places  in  counties,  in  the  state,  as 
may  be  provided  for  in  such  regulations  as  said  commis- 
sion may  adopt  and  prescribe.  The  bids  or  proposals  to 
be  for  furnishing  the  books  for  a  period  of  five  years, 
and  no  longer,  and  that  no  bid  for  a  longer  period  would 
be  considered.  Said  bid  or  bids  shall  state  specifically  and 
definitely  the  price  at  which  the  book  or  books  will 
be  furnished,  and  shall  be  accompanied  by  one  or  more 
specimen  copies  of  each  and  every  book  proposed  to  be 
furnished,  and  it  shall  be  required  of  each  bidder  to 
deposit  with  the  treasurer  of  the  state  a  sum  of  money 
such  as  the  commission  may  require,  not  less  than  five 
hundred  ($500)  dollars,  nor  more  than  twenty-five  hun- 
dred ($2,500)  dollars,  according  to  the  number  of  books 
each  bidder  may  propose  to  supply,  and  notice  shall  further 
be  given  in  said  advertisement  that  such  deposits  shall  be 
forfeited  absolutely  to  the  state  if  the  bidder  making  the 
deposit  of  any  sum  shall  fail,  or  refuse,  to  make  and  exe- 
cute such  contract  and  bond  as  is  hereinafter  required, 
within  such  time  as  the  commission  may  require,  which 
time  shall  also  be  stated  in  said  advertisement.  All  bids 
shall  be  sealed  and  deposited  with  the  secretary  of  state 
to  be  by  him  delivered  to  the  commission  when  they  are 
in  executive  session,  for  the  purpose  of  considering  the 
same,  when  they  shall  be  opened  in  the  presence  of  the 
commission. 

SEC.  3.  It  shall  be  the  duty  of  the  said  text-book  com- 
mission to  meet  at  the  time  and  place  designated  in  such 
notice,  or  advertisement,  and  take  out  the  sample  or 
specimen  copies  submitted,  upon  which  the  bids  are  based, 
and  refer  and  submit  these  to  the  subcominission,  as  pro- 
vided for  and  directed  in  section  1  of  this  act,  with  instruc- 
tions to  said  subcommission  to  report  back  to  them  at  a 
time  specified,  with  their  report,  classification,  and  recom- 
mendations, as  provided  in  section  1.  When  the  said 
report  is  submitted  it  shall  be  the  duty  of  the  said  text- 


THK    PUBLIC   SCHOOL   LAWS   OF   TENNBSSKK.  49 

book  commission  to  meet  in  executive  session,  to  open 
and  examine  all  sealed  proposals  submitted  and  received 
in  pursuance  of  the  notice  of  advertisement  provided  for 
in  section  2  of  this  act.  It  shall  then  be  the  duty  of  said 
commission  to  examine  and  consider  carefully  all  such 
bids  or  proposals,  together  with  the  report  and  recom- 
mendations of  the  subcoinmissiou,  and  determine  in  the 
manner  provided  in  section  1  of  this  act  what  book  or 
books,  upon  the  branches  herein  above  mentioned,  shall  what  shall  be 
be  selected  for  adoption,  taking  into  consideration  the 
size,  quality  as  to  subject-matter,  material,  printing,  bind- 
ing, and  the  mechanical  execution  and  price,  and  the 
general  suitability  for  the  purpose  desired  and  intended  j 
Provided,  however,  That  all  books  selected  or  adopted  shall 
be  written  or  printed  in  English.  After  their  selection  for 
adoption  shall  have  been  made,  the  said  commission  shall, 
by  registered  letter,  notify  the  publishers,  or  proposers, 
to  whom  the  contracts  have  been  awarded,  and  it  shall  Att0rney-Gen- 
then  be  the  duty  of  the  attorney-general  of  the  state  to  e rJ1  are^coif- to 
prepare  the  said  contract  or  contracts  in  accordance  with  tracts- 
the  terms  and  provisions  of  this  act,  and  the  said  contract 
shall  be  executed  by  the  governor  and  secretary  of  state, 
with  the  seal  of  the  state  attached  upon  the  part  of  the 
State  of  Tennessee,  and  the  said  contract  shall  be  exe- 
cuted in  triplicate,  one  copy  to  be  kept  by  the  contractor, 
one  copy  by  the  secretary  of  the  text-book  commission, 
and  copied  in  full  in  the  minute  book  of  said  commission, 
and  one  copy  to  be  filed  in  the  office  of  the  secretary  of  state. 
At  the  time  of  the  execution  of  the  contract  aforesaid, 
the  contractor  shall  enter  into  a  bond  in  the  sum  of  not 
less  than  ten  thousand  dollars,  nor  more  than  thirty 
thousand  dollars,  payable  to  the  State  of  Tennessee,  the 
amount  of  said  bond  within  said  limits,  to  be  fixed  by  said 
commission,  conditioned  for  the  faithful,  honest,  and  exact 
performance  of  his  contract,  and  shall  further  provide  for 
the  payment  of  reasonable  attorneys'  fees  in  case  of  recov- 
ery in  any  suit  upon  the  same,  with  three  or  more  good 
and  solvent  sureties,  actual  citizens  and  residents  of  the 
State  of  Tennessee,  or  any  guarantee  company  authorized 
to  do  business  in  the  State  of  Tennessee  may  become  the 
surety  on  the  said  bond,  and  it  shall  be  the  duty  of  the 
attorney-general  to  prepare  and  approve  said  bondj 


50 


THE   PUBLIC  SCHOOL   LAWS   OF   TENNESSEE. 


Bond  may  be 
sued  on  from 
time  to  time. 


Forfeiture  for 
failure  to  ob- 
serve contract. 


Recoveries  to 
go  to  school 
fund. 


Books  must 
come  up  to 
samples. 


Provided,  however,  That  said  bond  shall  not  be  exhausted 
by  a  single  recovery,  but  may  be  sued  on  from  time  to 
time,  until  the  full  amount  thereof  shall  be  recovered,  and 
the  said  commission  may,  at  any  time,  by  giving  thirty 
days'  notice,  require  additional  security  or  additional  bond 
within  the  limits  prescribed.  And  when  any  persons,  firm, 
or  corporation  shall  have  been  awarded  a  contract,  and 
submitted  therewith  the  bond,  as  required  hereunder,  the 
commission,  through  its  secretary,  shall  so  inform  the 
treasurer  of  the  state,  and  it  shall  then  be  the  duty  of  the 
treasurer  to  return  to  such  contractor  the  cash  deposit 
made  by  him,  and  the  said  commission  through  its  secre- 
tary, shall  inform  the  treasurer  of  the  names  of  the 
unsuccessful  bidders  or  proposers,  and  the  treasurer  shall, 
upon  receipt  of  this  notice,  return  to  them  the  amount 
deposited  in  cash  by  them  at  the  time  of  the  submission 
of  their  bids.  But  should  any  person,  firm,  company,  or 
corporation  fail  or  refuse  to  execute  the  contract,  and 
submit  therewith  his  bond  as  required  by  this  act  within 
thirty  days  of  the  awarding  of  the  contract  to  him,  and 
the  mailing  of  the  registered  letter  containing  the  notice, 
provided  the  mailing  of  the  registered  letter  shall  be 
sufficient  evidence  that  the  notice  was  given  and  received, 
the  said  cash  deposit  will  be  deemed,  and  is  hereby 
declared,  forfeited  to  the  State  of  Tennessee,  and  it  shall 
be  the  duty  of  the  treasurer  to  place  said  cash  deposit  in 
the  treasury  of  the  state,  to  the  credit  of  the  school  fund  j 
And  provided  further,  That  any  recovery  had  on  any 
bond,  given  by  any  contractor,  shall  inure  to  the  benefit 
of  the  school  fund  of  the  state  and  counties,  and  when 
collected  shall  be  placed  in  the  treasury  to  the  credit  of 
the  school  fund,  and  be  prorated  among  the  several 
counties  of  the  state. 

SEC.  4.  The  books  furnished  under  any  contract  shall 
at  all  times,  during  the  existence  of  the  contract,  be  equal 
to,  in  all  respects,  the  specimen  or  sample  copies  furnished 
with  bids;  and  it  shall  be  the  duty  of  Secretary  of  State 
to  carefully  preserve  in  his  office,  as  the  standards  of 
quality  and  excellence  to  be  maintained  in  such  books, 
during  the  continuance  of  such  contract,  the  specimen  or 
sample  copies  of  all  books  which  have  been  the  basis  of 
any  contract,  together  with  the  original  bid  or  proposal. 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  51 

It  shall  be  the  duty  of  all  contractors  to  print  plainly 

on    the  back  of  each  book  the  contract    price  as  well 

as   the   exchange   price    at    which  it   is  agreed    to  be 

furnished,    but     the    books     submitted    as    sample    or 

specimen  copies  with  the  original  bids  shall  not  have 

the  price  printed  on  them  before  they  are    submitted 

to  the  subcommission.    And  the  said  text-book  commis-  Prices  must 

sion  shall  not.  in  any  case,  contract  with  any  person,  those  charged 

clsGwhcrG 

publisher,  or  publishers,  for  the  use  of  any  book  or  books  under  like  con- 
which  are  to  be  or  shall  be  sold  to  patrons  for  use  in  any 
public  school  in  this  State,  at  a  price  above  or  in  excess  of 
the  price  at  which  such  book  or  books  are  furnished  by 
said  person,  publisher,  or  publishers,  under  contract  to 
any  state,  county,  or  school  district  in  the  United  States, 
under  like  conditions  prevailing  in  this  State,  and  under 
this  act.  And  it  shall  be  stipulated  in  each  contract  that 
the  contractor  has  never  furnished,  and  is  not  now  furnish- 
ing under  contract,  any  state,  county,  or  school  district,  in 
the  United  States,  where  like  conditions  prevail  as  are  pre- 
vailing in  this  State,  and  under  this  act,  the  same  book  or 
books  as  are  embraced  in  said  contract,  at  a  price  below 
or  less  than  the  price  stipulated  in  the  said  contract. 
And  the  said  commission  is  hereby  authorized  and  directed, 
at  any  time  they  may  find  that  any  book  or  books  have 
been  sold  at  a  lower  price  under  contract  to  any  state, 
county,  or  school  district  aforesaid,  to  sue  upon  the  bond  authorized  to 

act  if  excess 

of  said  contractor,  and  recover  the  difference  between  the  price  is 
contract  price  and  the  lower  price  at  which  they  find  the 
book  or  books  have  been  sold.  And  in  case  any  con- 
tractor shall  fail  to  execute  specifically  the  terms  and  pro- 
visions of  his  contract,  said  commission  is  hereby  author- 
ized, empowered,  and  directed  to  bring  suit  upon  the  bond 
of  such  contractor,  for  the  recovery  of  any  and  all  damages, 
the  suit  to  be  in  the  name  of  the  State  of  Tennessee,  and  the 
recovery  for  the  benefit  of  the  public  school  fund.  But 
nothing  in  this  act  shall  be  construed  so  as  to  prevent 
said  commission  and  any  contractor  agreeing  thereto,  from 
in  any  manner  changing  or  altering  any  contract,  provided  contract  may 
four  members  of  the  commission  shall  agree  to  the  change 
and  think  it  advisable  and  for  the  best  interests  of  the 
public  schools  of  this  State.  In  all  other  matters  a 
majority  of  said  commission  shall  control. 


52 


THE   PUBLIC   SCHOOL   LAWS   OF  TENNESSEE. 


State  not 
liable. 


Books  now  in 
use  may  be  ex- 
changed. 


Any  bid  may 
be  rejected. 


Bids  may  be 
readvertised 
for. 


Manuscript  of 
books  may  be 
considered. 


SEC.  5.  It  shall  be  always  a  part  of  the  terms  and  con- 
ditions of  every  contract  made  in  pursuance  of  this  act 
that  the  State  of  Tennessee  shall  not  be  liable  to  any  con- 
tractor, in  any  manner,  for  any  sum  whatever,  but  all  such 
contractors  shall  receive  their  pay  or  consideration  in 
compensation  solely  and  exclusively  derived  from  the  pro- 
ceeds of  the  sale  of  books,  as  provided  for  in  this  act; 
Provided  further,  That  the  commission  shall  stipulate  in 
the  contract  for  the  supplying  of  any  book  or  books  as  here- 
in provided,  that  the  contractor  or  contractors  shall  take  up 
the  school  books  now  in  use  in  this  State,  and  receive  the 
same  in  exchange  for  new  books  at  a  price  not  less  than 
fifty  per  cent,  of  the  contract  price.  And  each  person  or 
publisher  making  a  bid  for  the  supplying  of  any  book  or 
books  hereunder  shall  state  in  such  bid  or  proposal  the 
exchange  price  at  which  such  book  x>r  books  will  be 
furnished. 

SEC.  6.  The  text-book  commission  shall  have  and 
reserve  the  right  to  reject  any  and  all  bids  or  proposals  if 
they  shall  be  of  opinion  that  any  or  all  should,  for  any 
reason,  be  rejected.  And  in  case  they  fail,  from  among 
the  bids  or  proposals  submitted,  to  select  or  adopt  any 
book  or  books,  upon  any  of  the  branches  mentioned  in 
section  1,  of  this  act,  they  may  readvertise  for  sealed  bids  or 
proposals  under  the  same  terms  and  conditions  as  before, 
and  proceed  in  their  investigation  in  all  respects  as  they  did 
in  the  first  instance,  and  as  required  by  the  terms  and  pro- 
visions of  this  act,  or  they  may  advertise  for  sealed  bids 
or  proposals  from  authors  or  publishers  of  text-books  who 
have  manuscripts  of  books  not  yet  published,  for  prices  at 
which  they  will  publish  and  furnish  in  book  form,  such 
manuscripts,  or  for  prices  at  which  they  will  sell  such 
manuscripts,  together  with  the  copyright  .of  such  books, 
for  use  in  the  public  schools  in  Tennessee,  proceeding  in 
all  respects  in  like  manner  as  before;  And  provided,  That 
before  accepting  or  rejecting  any  manuscript,  it  shall  be 
their  duty  to  take  the  manuscript  and  to  advertise  for 
sealed  bids  or  proposals  for  publishing  the  same  in  book 
form,  in  like  manner  as  hereinbefore  provided  for,  and 
under  the  same  restrictions  and  conditions,  and  the 
contract  may  be  let  for  the  publication  of  all  such  books, 
or  for  any  one  or  more  separately;  And  provided  further , 


THE   PUBLIC  SCHOOL  LAWS   OF   TENNESSEE.  53 

That  the  State  itself  shall  not,  under  any  circumstances, 
enter  into  any  contract  binding  it  to  pay  for  the  publica-  Publisher  of 
tion  of  any  book  or  books,  but  in  the  contract  with  the  SSJSS&yaii 
owner  of  the  manuscript  it  shall  be  provided  that  he  shall  exPenses- 
pay  the  compensation  to  the  publisher  for  the  publication 
and  putting  in  book  form  the  manuscript,  together  with 
the  costs  and  expense  of  copyrighting  the  same;  And 
provided  further,  That  in  all  cases  bids  or  proposals  shall 
be  accompanied  with    the    cash    deposit    of   from  five 
hundred  dollars  to  twenty-five  hundred  dollars,  as  the 
commission  may  direct,  and  as  provided  in  section  2,  of  cash  deposit, 
this  act.    And  it  is  further  expressly  provided  that  any 
person,  firm,  or  corporation  now  doing  business,  or  pro- 
posing to  do  business,  in  the   State  of  Tennessee,  shall 
have  the  right  to  bid  for  the  contract  to  be  awarded  here- 
under,  in  manner  as  follows:     In  response  to  the  adver-  . 

How  bids  shall 

tisement,  when  made  as  hereinbefore  provided,  said  fee  submitted, 
person,  firms,  or  corporation  may  submit  a  written  bid  or 
bids  to  edit  or  have  edited,  publish  and  supply  for  use  in 
the  public  schools  in  this  State,  any  book  or  books  pro- 
vided for  hereunder,  provided  that  instead  of  filing  with 
said  bid  or  proposal  a  sample  or  specimen  copy  of  each 
book  proposed  to  be  furnished,  he  may  exhibit  to  the 
commission  in  manuscript  or  printed  form  the  matter 
proposed  to  be  incorporated  in  any  book,  together  with 
such  a  description  and  illustration  of  the  form  and  style 
thereof,  as  will  be  fully  intelligible  and  satisfactory  to  the 
said  commission,  or  they  may  submit  a  book  or  books, 
the  equal  of  which,  in  every  way,  they  propose  to  furnish, 
and  they  shall  accompany  their  bid  or  proposal  with  the 
cash  deposit  hereinbefore  provided  for,  and  shall  enter 
into  contract  and  bond  as  hereinbefore  provided,  except 
that  the  bond  may  be,  in  this  instance,  increased  to  fifty 
thousand  dollars;  Provided,  That  all  books  and  manu- 
scripts offered  shall  be  examined  and  reported  upon  by 
the  subcom mission  provided  for  in  section  1,  of  this  act. 

SEC.  7.  As  soon  as  said  commission  shall  have  entered 
into  a  contract  or  contracts  for  the  furnishing  or  supply- 
ing  of  books  for  use  in  the  public  schools  in  this  State,  it 
shall  be  the  duty  of  the  Governor  to  issue  his  proclama- 
tion announcing  such  fact  to  the  people  of  the  State. 

SEC.  8.    The  party  or  parties  with  whom  the  contract 


54 


THE    PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


Dreov°idedrfor 


Books  to  be 


shall  be  made  shall  establish  and  maintain  in  some  one 
city  in  each  of  the  three  grand  divisions  of  the  State,  a 
depository,  to  be  designated  by  the  commission,  where  a 
stock  or  supply  of  the  books  sufficient  to  meet  all  immedi- 
ate demands,  shall  be  kept.  There  shall  also  be  main- 
tained in  each  county  in  the  State,  provided  the  commis- 
sion shall  deem  it  advisable,  and  so  demand,  not  less  than 
one  nor  more  than  four  agencies,  for  the  distribution  of 
the  books  to  the  patrons,  or  the  contractor  shall  be  per- 
mitted to  make  arrangements  with  merchants  or  others 
for  the  handling  and  distribution  of  the  books,  and  parties 
living  in  a  county  where  no  agency  has  been  established, 
or  no  arrangements  made  for  distribution,  may  order  the 
same  from  one  of  the  depositories,  and  it  shall  be  the  duty 
of  the  contractor  to  deliver  any  book  or  books  so  ordered, 
to  the  person  ordering,  to  his  post-office  address,  freight, 
express,  postage,  or  other  charges  prepaid,  at  the  retail 
contract  price,  provided  the  price  of  the  book  or  books 
so  ordered  shall  be  paid  in  advance.  All  books  shall  be 
s°ld  to  the  consumer  at  the  retail  contract  price,  and  in 
each  book  shall  be  printed  the  following:  "The  price 
fixed  hereon  is  fixed  by  State  contract,  and  any  deviation 
therefrom  shall  be  reported  to  your  County  Superintend- 
ent of  Public  Instruction,  or  the  State  Superintendent  at 
Nashville."  And  it  is  expressly  provided  that  should  any 
party  contracting  to  furnish  books  as  provided  for  in  this 
act,  fail  to  furnish  them,  or  otherwise  breach  his  contract, 
in  addition  to  the  right  of  the  State  to  sue  on  the  bond 
herein  above  required,  the  chairman  of  the  County  Court 
Recovery  for  or  County  Judge  may  sue  in  the  name  of  the  State  of 
price!1011  as  to  Tennessee,  in  any  court  of  his  own,  or  any  other  county 
having  jurisdiction,  and  recover  on  the  bond  given  by  the 
contractor,  the  full  value  of  the  books  so  failed  to  be 
furnished,  for  the  use  and  benefit  of  the  school  fund  of 
the  County;  Provided,  That  the  right  of  action  given  to  the 
Chairman  or  County  Judge  shall  be  limited  to  breaches  of 
the  contract  committed  in  this  county;  And  provided 
further.  That  in  all  cases  service  of  process  may  be  had 
and  deemed  sufficient  on  any  agent  of  the  contractor  in 
the  county,  or  if  no  agent  is  in  the  county,  then  service 
may  be  had  on  the  agent  in  charge  of  any  depository,  and 


contract  price. 


THE   PUBLIC  SCHOOL   LAWS   OF  TENNESSEE.  55 

this  service  shall  be  and  stand  in  the  place  of  service  on 
the  defendant  contractor. 

SEC  9.  Said  commission  may  from  time  to  time  make 
any  necessary  regulations  not  contrary  to  provisions  of  this 
act,  to  secure  the  prompt  distribution  of  the  books  herein 
provided  for,  and  the  prompt  and  faithful  execution  of  all  SafnSin  its to 
contracts,  and  it  is  expressly  now  provided  that  said  com- 
mission  shall  maintain  its  organization  during  the  five 
years  of  the  continuance  of  the  contract,  and  after  the 
expiration  of  the  same  to  renew  such  of  them  as  they 
deem  advisable,  or  readvertise  for  new  bids  or  proposals, 
as  required  by  this  act  in  the  first  instance,  and  enter  into 
such  other  contracts  as  they  may  deem  for  the  best 
interests  of  the  patrons  of  the  public  schools  of  the  State, 
provided  any  contract  entered  into  or  renewed  shall  be  for 
the  term  of  five  years. 

SEC.  10.  As  soon  as  practicable  after  the  adoption  pro- 
vided for  in  this  act,  the  state  superintendent  shall  issue 
a  circular  letter  to  each  city  and  county  superintendent  nounce  books 

, ,  ,  ,  ,    selected  to 

in  the  state,  and  to  such  others  as  he  may  desire  to  send  county  super- 
it,  which  letter  shall  contain  the  list  of  books  adopted, 
the  prices,  location  of  agencies,  and  method  of  distribu- 
tion,   and    such    other    information    as  he   may  deem 
necessary. 

SEC.  11.  As  soon  after  the  passage  of  this  act  as  may 
be  practicable,  and  the  commission  shall  deem  advisable, 
the  books  adopted  as  a  uniform  system  of  text-books,  Books  adopted 
shall  be  introduced  and  used  as  text-books,  to  the  exclusion  ciustveiyd  ex" 
of  all  others  in  all  the  public  free  schools  in  this  State; 
Provided,  That  nothing  herein  shall  be  construed  to  pre- 
vent the  use  of  supplementary  books,  but  such  supple- 
mentary books  shall  not  be  used  to  the  exclusion  of  the 
books  prescribed  or  adopted  under  the  provisions  of  this 
act;  And  provided  further,  That  nothing  in  this  act  shall 
be  construed  to  prohibit  the  use  in  public  schools  of  any 
text- book  upon  any  branch  mentioned  in  section  1,  of  this 
act,  where  the  commission  shall  not  select  or  adopt  a 
book  for  that  branch  or  subject;  And  provided  further, 
That  nothing  in  this  act  shall  prevent  the  teaching  in  any  AS  to  higher 

,        T  branches. 

school  any  branch  higher  or  more  advanced  than  is 
embraced  in  section  1,  of  this  act,  nor  the  using  of  any 
book  upon  such  higher  branch  of  study,  provided  that 


56 


THE    PUBLIC    SCHOOL   LAWS   OF  TENNESSEE. 


Where  no  con- 
tract is  made 
or  contractor 
fails  to  furnish 
books. 


Violation  of 
this  act  a  mis- 
demeanor. 


Penalty  of 
teacher  for 
failure  to  use 
books  adopted. 


Penalty  of 
agent  for  vio- 
lation of  this 
law. 


Appropriation 
for  carrying 
act  into  effect. 


Pay  of  mem- 
bers of  sub- 
commission. 


such  higher  branches  shall  not  be  taught  to  the  exclusion 
of  branches  mentioned  and  set  out  in  section  1,  of  this  act. 

SEC.  12.  Nothing  herein  shall  be  construed  to  prevent 
or  prohibit  the  patrons  of  the  public  schools  throughout 
the  state  from  procuring  books  in  the  usual  way  in  case 
no  contract  shall  be  made,  or  the  contractor  fails  or 
refuses  to  furnish  the  books  provided  for  in  this  act,  at 
the  time  required  for  their  use  in  the  respective  schools. 

SEC.  13.  Any  person  or  teacher  violating  the  provisions 
of  this  act  shall  become  guilty  of  a  misdemeanor,  and 
upon  conviction,  punished  by  a  fine  of  not  less  than 
ten  dollars,  nor  more  than  fifty  dollars. 

SEC.  14.  Any  teacher  who  shall  use,  or  permit  to  be 
used,  in  his  or  her  school,  any  text-book  upon  the  branches 
embraced  in  this  act,  where  the  commission  has  adopted 
a  book  upon  that  branch,  other  than  the  one  so  adopted, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction, 
punished  as  provided  for  in  section  13  of  this  act. 

SEC.  15.  Any  dealer,  clerk,  or  agent,  who  shall  sell  any 
book  for  a  greater  sum  than  the  contract  price,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  as  provided  for  in  section  13  of  this  act. 

SEC.  16.  The  sum  of  one  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary  to  be  paid  out  of  the  public 
school  fund,  be,  and  is  hereby,  appropriated  for  the  pur- 
pose of  paying  the  cost  and  expense  of  carrying  into 
effect  the  provisions  of  this  act. 

SEC.  17.  Said  text-book  commission  shall  serve  with- 
out compensation,  and  members  of  the  subcominission  of 
five  shall  be  paid  a  per  diem  of  four  dollars  per  day  dur- 
ing the  time  they  are  actually  engaged,  not  to  exceed 
thirty  days,  and  in  addition  shall  be  repaid  all  money 
actually  expended  by  them  in  the  payment  of  necessary 
expenses,  to  be  paid  out  of  the  public  school  fund,  and 
they  shall  make  out  and  swear  to  an  itemized  statement 
of  such  expenses. 


Laws  Which  Relate  Only  to  the  City  of  Memphis. 


SEC.  57.  All  revenue  arising  from  assessments  on  real  ™™'nCh&p' 84 
and  personal  property,  privileges  and  polls,  levied  on 
account  of  public  schools  or  public  education  in  the  tax- 
ing districts,  shall  be  for  the  use  and  benefit  of  the  public 
schools  in  the  taxing  districts,  and  when  the  tax  is  col- 
lected, it  shall  be  paid  over  weekly  to  the  Treasurer  of 
the  Board  of  Education  of  the  taxing  district. 

SEC.  58.  (1)  The  office   of  members  of  the  Board  of  ^d^Edu- 
Education  be,  and  the  same  is  hereby,  abolished  in  all  cation  changed 

to  School  Com- 

taxiug  districts  organized  prior  to  the  year  1882,  where  missioners  in 

taxing  districts 

there  is  an  incorporated  system  of  public  schools,  and 
instead  thereof  the  office  of  School  Commissioner  is  hereby 
created.  The  Board  of  Education  for  each  of  said  incor- 
porated systems  of  public  schools  shall  hereafter  be  com- 
posed of  five  School  Commissioners,  who  shall  be  selected 
from  said  taxing  district  at  large  where  said  incorporated 
system  of  schools  is  respectively  located. 

(2)  Said  Commissioners  shall  be  elected  by  the  quali-  fe1remiofnsac1hooi 
fied  voters  of  such  taxing  district,  and  their  election  shall  commissioners 
take  place  at  the  same  time  and  place  as  that  of  the  officers 

of  said  taxing  districts,  at  the  first  election  to  take  place 
on  the  first  Thursday  after  the  first  Monday  in  January  in 
the  year  1884.  Three  of  said  Commissioners  shall  be 
elected  for  two  years,  and  two  for  four  years,  and  there- 
after said  Commissioners  shall  be  elected  for  a  term  of 
four  years. 

(3)  The  Governor  of  the  State  of  Tennessee  shall  imme- 
diately,  on  the  passage  of  this  act,  appoint  five  School 
Commissioners  for  each  of  such  taxing  districts,  by  and 
with  the  advice  and  consent  of  the  Senate,  who  shall  hold 
their  offices  until  their  successors  are  elected  and  quali- 
fied, as  prescribed  in  this  act. 

(4)  The  School  Commissioners  shall  fill  all  vacancies  vacancies, 
which  shall  occur  in  the  offices  of  School  Commissioner  by 

death,  resignation,  removal,  or  otherwise,  and  the  Com- 
missioner so  elected  to  fill  a  vacancy  shall  hold  his  office 

(57) 


58 


THE   PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


Bond  of  Com- 
missioners. 


Salary  of  Com 
missioners. 


until  the  next  election  thereafter  of  taxing  district  officers, 
when  his  successor  shall  be  elected  and  qualified. 

(5)  Each  one  of  the  five  Commissioners  shall  enter  into 
bonds  in -the  sum  of  $5,000,  with  two  good  and  sufficient 
sureties,  which  bond  shall  be  approved,  in  writing,  by  and 
filed  with  the  President  of  the  taxing  district  for  the  faithful 
performance  of  their  duties,  and  the  President  of  the  board 
shall  also  enter  into  an  additional  bond  of  $5,000,  secured, 
approved,  and  filed  in  like  manner,  for  the  faithful  perform- 
ance of  his  duties  as  President.     The  President  of  the 
board  shall  receive  a  salary  not  to  exceed  five  hundred 
dollars  per  annum,  payable  in  equal  monthly  payments; 
and  each  one  of  the  other  Commissioners  shall  receive  a 
salary  not  to  exceed  two  hundred  dollars  per  annum,  pay- 

Quaiifications .  able  in  like  manner.  They  shall  be  citizens  of  said  taxing 
district.  Each  Commissioner  shall  be  a  man  of  good  moral 
character  and  temperate  habits;  he  shall  be  able  to  read 
and  write,  and  shall  have  a  general  knowledge  of  the 
common  branches  of  learning  sufficient  to  enable  him  to 
judge  of  the  qualification  of  teachers;  he  shall  not  hold 
any  office  or  position  for  pay  or  compensation  in  the 
employment  of  the  Board  of  Education,  except  the  office 
of  Secretary,  Treasurer,  or  census  taker;  nor  shall  he  be 
interested,  directly  or  indirectly,  in  any  contract  or  busi- 
ness of  said  board.  The  Board  of  Education  shall  be  the 
judge  of  the  qualification  of  its  own  members. 

(6)  Said  five  Commissioners  shall  each  have  and  pos- 
sess all  the  powers  and  privileges  which  have  heretofore 
been  conferred  on  a  member  of  said  Board  of  Education, 
except  where  said  powers  and  privileges  have  herein 
been  restricted  and  modified.    Three  Commissioners,  when 
regularly  assembled  in  session,  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  not  otherwise. 

(7)  Said   Commissioners   shall,  immediately    on  their 
appointment,  organize  respective  Boards  of  Education  by 
electing  a  President  and  Vice-President  from  among  their 
number,  and  by  electing  a  Superintendent  who  is  not  a 
School  Commissioner,  and  by  electing  a  Secretary  and 
Treasurer.    The  Secretary  and  Treasurer  may  be  School 
Commissioners,  or  they  may  be  citizens  who  are  not  School 
Commissioners,  as  the  said  Boards  of  Education  thus  con- 
stituted and  controlled  by  such  Commissioners  shall,  in 


Powers  and 
privileges. 


Organization 
and  officers. 


THK    PUBLIC   SCHOOIv   LAWS   OF   TKNNKSSKK.  59 

their  discretion,  see  proper.     Said  Boards  of  Education  By-laws, 
shall  enact  by-laws  for  their  government.    They  shall  pay  salaries, 
their  Superintendent  a  salary  not  exceeding  twenty-five 
hundred  dollars  per  annum,  and  Secretary  a  salary  not 
exceeding  eighteen  hundred  dollars  per  annum. 

!N"OTE. — The  word  eighteen  was  substituted  for  twelve  by  amend- 
ment, Acts  1891,  Chap.  59. 

(8)  The  said  Boards  of  Education  shall  keep  .the  scholas- 
tic  census  required  by  law  in  a  well-bound  book,  in  which 
shall  be  entered  the  name,  age,  color,  and  sex  of  each  per- 
son of  scholastic  age.     Said  Boards  of  Education  shall,  in 
no  case,  pay  for  taking  said  census  more  than  two  cents 
for  each  person  of  scholastic  age  ©numerated  in  said  census 
return.     Said  census  returns,  when  taken,  and  before  their 
adoption,  shall  be  referred  to  a  special  committee  of  three 
Commissioners,  who  shall  compare  said  return  with  the 
total  population  of  such  taxing  district,  and  with  the  census 
return  of  preceding  years,  and  with  other  data  and  sta- 
tistics, and  they  shall  report,  in  writing,  to  the  Board  of 
Education  whether  or  not,  in  their  opinion,  the  census  has 
been  fully  and  fairly  taken. 

(9)  The  present  offices  of  members  of  the  Board  of  Edu- 
cation  and  School  Visitor,  Superintendent,  Secretary,  Treas- 
urer, teacher,  and  other  employes  of  said  Board  of  Educa- 
tion be,  and  they  are  hereby,  abolished. 

(10)  So  much  of  an  act,  entitled  "An  act  to  charter  the  Acts  rePealed- 
Memphis  City  Schools,"  passed  January  27,  1869,  and  the 
amendment  thereto,  passed  December  18,  1869,  entitled 

"An  act  to  amend  an  act  chartering  the  Memphis  City 
Schools,"  passed  January  25,  1869,  as  is  in  conflict  with 
this  act,  is  hereby  repealed. 

NOTE. — Chapter  273,  Acts  1899,  authorizes  incorporated  Boards  of 
Education  in  cities  or  taxing  districts  to  issue  bonds  for  school  pur- 
poses. 

(11)  Hereafter  children  being  within  the  age  now  re- 
quired by  law,  and  residing  within  one-half  a  mile  of  the 
limits  of  the  city  of  Memphis,  as  said  limits  now  are,  or 
may  be  hereafter  fixed,  shall  be  received  in  and  have  the 
right  to  attend,  free  of  tuition,  the  public  schools  inside 
the  city  of  Memphis,  nearest  to  their  respective  places  of 


60  THE    PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

residence,  for  five  years,  from  date  of  the  passage  of  this 
bill. 

An  Act  of  1899  transfers  to  School  Commissioners  or 
Board  of  Education  all  public  school  property  and  funds 
of  the  annexed  territory. 


CLASSIFIED  LIST 


OF 


Leading  Decisions  of  the  Supreme  Court, 

CONSTRUING  THE  SCHOOL  LAWS. 


I. _ COUNTY  SUPERINTENDENT.  % 

Decision  of  County  Court  final  in  fixing  salary, — 6  Lea,  501,  Haile  v.  Young. 
II.— DISTRICT  DIRECTORS. 

Election— Illegal  Directors.— 12  Lea,  486,  Meadows  v.  Nesbitt. 

Contested  Election— County  Court  Decides,— 12  Lea,  30,  State  v.  Burchfield. 

Removal  from  Office. — 3  Tenn.  Ch'y  Rep.,  177,  State  v.  Leonard. 

Contracts  with,  and  pay  and  dismissal  of  teachers. — 5  Lea,  526,  Parker  v. 

School  District ;  12  Lea,  486,  Meadows  v.  Nesbitt ;  10  Lea,  344,  Crawley 

v.  Leonard  ;  10  Lea,  219,  Morley  v.  Power;  5  Lea,  692,  Morley v.  Power 

5  Lea,  265,  Bayless  v.  Driskell. 
Violation  of  Section  19  of  school  laws  a  misdemeanor. — 9  Baxter,  559, 

State  v.  Keeton. 
Power  to  regulate  the   suspension  or  dismissal  of  pupils. — 5  Lea,  526, 

Parker  v.  School  District. 

III.— SCHOOL  DISTRICTS. 

Debt  of  Directors  binds  successors,  although  district  organization 
changed.— 3  Tenn.  Ch'y  Rep.,  556,  Shankland  v.  Phillips;  6  Lea,  273, 
Bank  v.  Baber. 

NOTE.— Since  the  decision  in  the  case  of  Rodemer  v.  Mitchell,  6  Pickle,  65,  the  Legis- 
lature of  1891  has,  by  statute,  empowered  the  County  Court  to  create  new  school  districts. 

IV.— TEACHERS. 

Power  of  Directors  to  employ,  control,  and  dismiss  teachers.  (See 
Directors.)— 5  Lea,  692,  Morley  v.  Power ;  5  Lea,  526,  Parker  v.  School 
District ;  10  Lea,  219,  Morley  v.  Power ;  10  Lea,  344,  Crawley  v.  Leonard ; 
12  Lea,  486,  Meadows  v.  Nesbitt;  9  Baxter,  559,  State  v.  Keeton. 

Employment  of  minors. — 12  Lea,  30,  State  v.  Burchfield. 

Pay  of  teachers. — 10  Lea,  219,  Morley  v.  Power;  10  Lea,  344,  Crawley  v. 
Leonard ;  5  Lea,  265,  Bayless  v.  Driskell ;  6  Lea,  274,  Bank  v.  Baber. 

Power  of  teachers  to  suspend  and  punish  pupils. — 3  Head,  425,  Anderson  v. 
State;  5  Lea,  526,  Parker  v.  School  District;  3  Leg.  Rep.,  19,  State  v. 
Yon  Straris. 

(61) 


62  THE   PUBLIC   SCHOOL   LAWS   OF  TKNNKSSKK. 


V.— COUNTY  TRUSTEE. 

Liability.— 5  Lea,  265,  Bayless  v.  Driskell ;  6  Lea,  276,  Bank  v.  Baber. 

May  be  sued. — 9  Lea,  168,  Bedwell  v.  Jones ;  14  Lea,  536,  Jernegan  v.  Gray. 

Entitled  to  only  one  and  one-half  per  cent  of  fees. — 6  Pickle,  741,  Monroe 

County  v.  Hudson. 

NOTE.— The  Assessment  Act  for  1891,  Extra  Session,  Chap.  26,  Sec.  19,  raising  anew  the 
question  decided  in  above  case,  being  an  amendment  to  the  act  of  1889,  Chapter  96.  was 
repealed  by  the  act  of  1895,  Chap.  120,  Sec.  117,  page  246,  and  leaves  the  commission  of  the 
Trustee  at  one  and  one-half  per  cent  on  school  money  collected  from  taxpayers,  and  at 
one  per  cent  on  all  school  moneys  received  from  other  sources,  and  paid  out  according  to 
law. 

VI.— SCHOOL  WARRANTS. 

How  issued.— 10  Lea,  219 ;  Morley  v.  Power ;  5  Lea,  265,  Bayless  v.  Driskell. 
Not  negotiable,  do  not  bear  interest,  subject  to  statute  of  limitations, 

etc.,  and  Trustee's  duty.— 5  Lea,  265,  Bayless  v.  Driskell ;  6  Lea,  274, 

Bank  v.  Baber. 

VII.— SCHOOL  TAXES. 

County  Court  may  levy  tax  equal  to  entire  State  tax  at  any  term  of 
court. — 5  Lea,  708,  Railroad  v.  Franklin  County ;  7  Lea,  309,  Bright  v. 
Halloman. 

VIII.— SCHOOLS  OF  MUNICIPAL  CORPORATIONS. 

May  levy  tax,  and  may  admit  children  residing  outside  the  corporation. — 
15  Lea,  633,  Ballentine  v.  Pulaski. 

IX.— PROCEDURE  IN  COURTS. 

Teacher  can  not  sue  Comptroller. — 10  Lea,  576,  Yost  v.  Gaines. 

County  Trustee  may  be  sued.— 9  Lea,  168,  Bedwell  v.  Jones ;  14  Lea,  536, 

Jernegan  v.  Gray. 
Cases  where  mandamus  will  lie. — 5  Lea,  265,  Bayless  v.  Driskell ;  5  Lea,  692 

Morley  v.  Power ;  6  Lea,  274,  Bank  v.  Baber. 
County  Court  decides  contested  election  of  Directors. — 12  Lea,  30,  State  v. 

Burchfield. 
Removal  of  Director. — 3  Tenn.  Ch'y  Rep.,  177,  State  v.  Leonard. 

X.— OATH  MUST  BE  TAKEN  BY  ALL  OFFICERS— MISDEMEANOR 
TO  ENTER  ON  OFFICE  WITHOUT  IT. 

Constitution,  Art.  10,  Sec.  1 ;  M.  &  V.  Code,  Art.  2,  Sees.  940,  941,  942 
943,  947,  948 ;  8  Baxter,  591. 

XL— CONSTITUTIONAL  REQUIREMENT. 
Constitution,  Art.  11,  Sec.  12;  5  Hum.,  279;  5  Baxter,  1. 


IN  D  KX. 


ATTORNEY-GENERAL. 

Opinion  as  to  taxing  districts,  second 
class,  sec.  52,  note  1,  p.  33. 

Opinion  as  to  directors  binding  suc- 
cessors, sec.  18,  note  2,  p.  12. 

BOARD  OF  EDUCATION. 

See  State  Board  of  Education,  also 
County  Board  of  Education. 

BLANK  FORMS. 

Distributed  by  State  Superintendent, 
sec.  7,  sub  sec.  4,  p.  4. 

BRANCHES  OF  STUDY  TAUGHT. 
List  of  different  studies,    sees.  31, 
32,  33,  pp.  21,  22,  23,  24. 

CADETS. 

See  University  of  Tennessee. 
CENSUS. 

Duty  of  State  Superintendent,  sec.  7, 

sub  sec.  11,  p.  5.     • 
Duty    of    County    Superintendent, 

sec.  9,  sub  sec.  4,  p.  8. 
Duty  of  School  Directors,  sec.  20, 

sub  sec.  6,  p.  14. 
Duty  of  District  Clerk,  sec.  21,  sub 

sec.  1,  p.  16. 

CERTIFICATES. 

Of  qualification  by  teachers.     Sec. 

26,  p.  27. 
To  pupils  completing  the  primary 

schools,  sec.  32,  sub  sec.  2,  p.  23. 

CITY  SCHOOLS. 

See  Municipal  Corporations. 
COMPTROLLER. 

To   apportion   annual   school  fund, 

sec.  44,  p.  27. 

To  certify  to  County  Judge  or  Chair- 
man date  and  amount  of  each 
warrant  to  county,  sec.  44ft  p.  29. 

COUNTY  COURT. 

To  create  and  change  school  districts, 

sec.  22,  sub  sec.  2,  p.  17. 
Chairman's  duty  in  relation  to  Bank 

of  Tennessee,  sec.  43,  p.  26. 
County  Superintendent,  reports  to, 

sec.  9,  sub  sec.  9,  p.  9. 
Decides  on  election    of   Directors, 

sec.  14,  p.  11. 

Levies  county  tax,  sec.  39,  p.  26. 
Sheriff  certifies  election  of  Directors 

to  court,  sec.  14,  p.  11. 


COUNTY  BOARD  OF  EDUCATION. 
Creation  and  duties,  pp.  41,  42,  43, 

44. 

How  chosen,  sec.  3,  p.  41. 
Shall  locate   County  High   School 

and  make  contracts,  sec.  7,  p.  42. 
May    effect    consolidation,    sec.   8, 

p.  43. 
May  admit  non-residents  over  age, 

sec.  10,  p.  43. 
COUNTY  HIGH  SCHOOLS. 

County  Court  may  establish,  sec.  1, 

p.  41. 

May  have  special  taxes,  sec.  2,  p.  41. 
County  Board  of  Education  to  con- 
trol, sec.  3,  p.  41. 

Branches  to  be  taught,  sec.  4,  p.  42. 
Number  of  teachers  to  be  employed, 

sec.  5,  p.  42. 
Powers  and  duties  of  County  Board 

of  Education,  sees.  7  and  8,  pp. 

42,  43. 
To  be  under  supervision  of  State 

and  County  Superintendents,  sec. 

9,  p.  43. 

Pupils ;  how  admitted,  sec.  10,  p.  43. 
Trustee  to  keep  account  of  County 

High  School  fund,  sec.  11,  p.  44. 
COUNTY  SUPERINTENDENT. 

Elected,  how  and  when,  sec.  8,  sub 

sec.  1,  p.  6. 
Qualifications,   sec.  8,  sub  sec.    1, 

p.  6. 
Examination,    sec.    8,    sub   sec.    1, 

pp.  6,  7. 
Exemption  from  examination,    sec. 

8,  sub  sec.  1,  p.  7. 

Women  eligible,  sec.  8,  sub  sec.  2, 

p.  8. 
Term  of  office,  sec.  8,  sub  sec.   2, 

p.  6. 
Prohibited  from    teaching,    sec.   9, 

sub  sec.  9a,  article  2,  p.  10. 
Contracting  as  to  school  property, 

or    buying    school    warrants    in 

counties  of  over  30, 000,  sec.  9,  sub 

sec.  9a,  p.  9. 
Shall  have  no  pecuniary  interest  in 

supplying  books,  etc.,  sec.  23,  pp. 

18,  19. 
.     Misdemeanor  in  office  to  teach,  sec. 

9,  sub  sec.  9a,  article  2,  p.  9. 
Penalties  and  forfeitures,  sec.  7,  p. 

5 ;  sec.  9,  sub  sec.  9a,  article  2, 
p.  10 ;  sees.  23,  24,  25,  pp.  18,  19; 
sec.  44#,  p.  29. 


(63) 


64 


INDEX. 


Oath  of  office,  article  10,  p.  62. 

May  appoint  District  Directors  in 
case  of  vacancy,  sees.  16,  17,  p. 
11. 

Duties,  sec.  2,  sub  sec.  1,  p.  3 ;  sec. 
9,  p.  8 ;  sec.  43,  p.  27. 

Shall  report  to  State  Superinten- 
dent, sec.  44e,  p.  28. 

Salary,  sec.  8,  sub  sec,  1,  p.  6. 

Warrants  to  be  countersigned  by 
him,  sec.  9,  sub  sec.  8,  p.  9. 

Grading  schools,  sec.  32,  p.  23. 

Shall  issue  diplomas  and  certificates 
to  pupils,  sec.  32,  p.  23. 

County  Trustee  must  report  to  him, 
sec.  44a,  44&,  44e,  44d,  pp.  27,  28. 

Directors  must  report  to  him,  sec. 
20,  sub  sec.  12,  p.  15. 

May  appoint  persons  to  make  re- 
ports, sec.  9,  sub  sees.  3,  4,  p.  8. 

Removal,  sec.  8,  sub  sec.  1,  p.  6. 

COUNTY  TRUSTEE. 

Apportionment  from  Comptroller, 
sec.  44,  p.  27. 

State  poll  tax  retained  and  distrib- 
uted, sec.  36,  p.  25. 

State  school  tax  retained  and  dis- 
tributed, sec.  38,  p.  25. 

County  school  tax  received  and  dis- 
tributed, sec.  40,  p.  26. 

School  money  kept  separate,  sec. 
41,  p.  26 ;  sec.  47,  p.  31. 

Disbursed  by  warrants  of  Directors, 
sec.  20,  sub  sec.  10,  p.  14. 

Orders  by  County  Directors  and 
Superintendent,  sec.  9,  sub  sec. 
8.  p.  9. 

Unexpended  balance  not  redis- 
tributed, sec.  42,  p.  26. 

Duties  in  Bank  of  Tennessee  issue, 
sec.  43,  p.  26. 

Settlements  to  be  made  quarterly, 
sec.  44&,  p.  27. 

Report  to  County  Superintendent, 
sec.  44a,  p.  27 ;  sec.  45,  p.  29. 

Report  to  State  Superintendent, 
sec.  7,  sub  sec.  8,  p.  5. 

Report  to  Directors,  sec.  45,  p.  29. 

Bond,  sec.  46,  p.  29. 

Liability,  sec.  47,  p.  31. 

May  be  sued,  article  9,  p.  62. 

Penalties  and  forfeitures,  sec.  44#, 
p.  29 ;  sec.  47,  p.  31. 

Compensation,  sec.  46,  p.  30. 

Duties  as  to  County  High  School 
fund,  sec.  2,  p.  41 ;  sec.  11,  p.  44. 

DECISION'S. 

See  Supreme  Court. 

DIPLOMAS. 

To  graduates  of  normal  schools, 
sec.  54,  sub  sec.  8,  p.  35. 


To    pupils     completing    secondary 

schools,  sec.  32,  sub.  sec.  3,  p.  23. 
DISTRICTS. 

See  School  Districts. 
DISTRICT  ATTORNEY. 

To   conduct  prosecutions,    sec.   25, 

p.  19. 
DISTRICT  CLERK. 

Duties,  sec.  21,  p.  16. 
When  chosen,  sec.  18.  p.  11. 
Compensation  for  services,  sec.  21, 

sub  sec.  5,  pp.  16,  17,  see  note. 
To  report  to  County  Superintendent, 

sec.  21,  sub  sec.  5,  p.  16. 
Teachers  must  report  to  Clerk,  sec. 

27,  p.  20. 
Penalties  and  forfeitures,  sees.  23, 

24,  25,  pp.  18,  19. 
Pay  withheld  for  failure  to  report, 

sec.  20,  sub  sec.  12,  p.  15 ;    sec. 

21,  sub  sec.  5,  p.  17. 
County  Superintendent's    duty,    in 

case  of  failure,  sec.  21,  sub  sec.  1, 

note  2,  p.  16. 
DISTRICT  DIRECTORS. 

When  and  how  elected,  sees.  10,  12. 

pp.  10,  11;  sec.  18,  p.  12. 
Who  eligible,  sec.  11,  p.  10. 
Sheriff  holds  election  and  certifies  to 

County  Court,  sees.  13,  14. 
Failure  to  elect,  sec.  16,  p.  11. 
Yacancy,  sec.  17,  p.  11. 
County     Superintendent    appoints, 

sees.  16,  17,  p.  11. 
Term  of  office,  sec.  10,  p.  20. 
Oath  of  office,  sec.  18,  note  3,  p.  12. 
County    Court     decides     contested 

elections,  sec.  14,  note,  p.  11. 
Hold  till  successors  qualified,  sec.  15, 

p.  11. 
Enter  upon  office,    when,   sec.    18, 

p.  11. 
Meetings,  sec.  18,  p.    11;    sec.   20, 

sub  sec.  7,  p.  14. 
Penalties  and  forfeitures,  sees.  23, 

24,  25,  pp.  18,  19. 
Misdemeanor,  sees.  18,  19,  pp.   12, 

13. 
Duties,  sec.  2,  sub  sec.  1,  p.  3 ;  sec. 

20,  p.  13  ;  sec.  31,  p.  21. 
May  subdivide  districts,  sec.  22,  sub 

sec.  3,  p.  18. 
May  make  contracts,  sec.  20,  p.  13  ; 

sec.  28,  p.  20. 
Illegal  contracts,    sec.   18,  note  2, 

p.  12 ;  sec.  19,  pp.  12,  13. 
Contracts  to  begin  after  expiration 

of  term,  sec.  18,  p.    12. 
Power  to  employ  and  dismiss  teach- 
ers, sec.  20,  sub  sec.  3,  p   13. 
Contracts  with  other  districts,  sec. 

30,  p.  20. 


INDEX. 


65 


Contracts  for  consolidated  schools, 

sec.  33,  p.  24. 
Contracts  for  primary  and  secondary 

schools,  sec.  31,  p.  21. 
Length  of  time  school  shall  be  run 

each  year,    sec.    20,    sub  sec.   3, 

note  5,  p.  13. 
Certificates  and  diplomas  to  pupils, 

sec.  32,  p.  23. 
Keport  to  County  Superintendent, 

sec.  20,  sub  sec.  12,  p.  15. 
Report  from  Trustee,  sec.  45,  p.  29. 
Reports  from  teachers,  sec.  27,  p.  20. 
Power  to  suspend  and  dismiss  pupils, 

sec.  20,  sub  sec.  4,  p.  14. 
Debt  of  Directors  binds  successors, 

article  3,  p.  61. 

Illegal  Directors,  article  3,  p.  61. 
Removal  from  office,  article  3,  p.  61. 

EXAMINATIONS. 

Of  County    Superintendent  before 

election,  sec.  8,  p.  6. 
County  Superintendent  to  examine 

teachers,  sec.  9,  sub  sec.  4,  p.  8. 
Graduates  of  normal  schools  exempt, 

sec.  54,  sub  sec.  8,  p.  35. 

EXAMINERS. 

State  Superintendent  may  appoint, 
sec.  7,  sub  sec.  6,  p.  4. 

FORFEITURES. 

See  Penalties  and  Forfeitures. 

FORMS. 

See  Blank  Forms. 
FUNDS. 

See  School  Funds. 
LICENSE  OF  TEACHERS. 

See  Certificates. 
MEMPHIS. 

Laws   applying  only  to  Memphis, 
sec.  57,  p.  57. 

MISDEMEANOR. 

See  Penalties  and  Forfeitures. 
MUNICIPAL  CORPORATIONS. 

City  and  town  school  systems,  sees. 
48,  49,  pp.  31,  32. 

Cities  and  incorporated  towns  may 
levy  tax,  sec.  50,  p.  32. 

May  establish  independent  system, 
sec.  51,  p.  32. 

Boards  of   Education  may  be   ap- 
pointed, sec.  50,  sub  sec.  4,  p.  32. 

Taxing  districts  of  second  class,  sec. 
52,  p.  33. 

Attorney-General's  opinion,  sec.  52, 
p.  33. 


NORMAL  SCHOOLS. 

Laws    organizing    and    regulating, 

sec.  54,  pp.  34  et  seq, 
Diplomas  to   graduates,  exempting 

from    examination,    sec.    54,   sub 

sec.  8,  p.  35. 
Scholarships  to    Peabody    Normal 

College,   sec.  54,  sub  sec.  14,   p. 

36. 
State  Superintendent  to  disburse  all 

moneys  appropriated  to  Peabody 
-     Normal  School,  sec.  54,  sub  sec. 

12,  p.  36. 
Appropriation  to  Peabody  Normal 

College,  sec  54.  sub  sec.  14,  p.  36. 
Reports  to  State  Superintendent  and 

Governor,  sec.  54,  sub  sec.  9,  p. 

36. 
Salaries  to  be  fixed  by  State  Board, 

sec.  54,  sub  sec.  11,  p.  35. 
Scholarships  for  colored  people,  sec. 

54,  sub  sec.  15,  p.  37. 
Appropriation  for  normal  instruction 

of  colored  people,  sec.  54,  sub  sec. 

15,  p.  37. 
Donations  may  be  received,  sec.  54, 

sub  sec.  4,  p.  34. 

Age  of  pupils   attending,    sec.   54, 
sub  sec.  6,  pp.  34,  35. 

OFFICERS. 

All  officers  must  take  oath,  art.  10, 

p.  62. 
Penalties  and  forfeitures,  sees.  23, 

24,  25,  pp.  19,  20. 

Duties  in  relation  to  Bank  of  Ten- 
nessee issue,  sec.  43,  p.  26. 

ORDERS. 

See  Warrants. 
PEABODY  NORMAL  COLLEGE. 

See  Normal  Schools. 
PENALTIES  AND  FORFEITURES. 

For  all  school  officers,  sees.  23,  24, 

25,  26,  pp.  18,  19,  20. 

County   Superintendent,    failure  to 

report,  sec.  44#,  p.  29. 
Clerk  of  Directors,  failure  to  report, 

sec.  20,  sub  sec.  12,  p.  15. 
County    Superintendent,     removal, 

sec.  8,  sub  sec.  1,  p.  6. 
State     Superintendent,      removal, 

sec.  5,  p.  4. 
Misdemeanor   for   County  Trustee, 

sec.  47,  p.  31. 
Misdemeanor  for  Directors,  sees.  18, 

19,  pp.  12,  13. 
PROPERTY. 

Directors  control  property   of  dis- 
trict, sec.  20,  sub  sec.  11,  p.  15. 
People  may  rate  on  school  tax,  sec. 

39,  p.  26. 


66 


INDEX. 


PEOPLE. 

Public  meetings  of  district  called  by 

Directors,  sec.  20,  sub  sec.  8,  p. 

14. 
People  may  vote  on  school  tax,  sec 

39,  p.  26. 
Elect  School  Directors,  sec.  12,   p. 

PUPILS. 

School  age,  sec.  7,  sub  sec.  12,  pp. 

5,  6. 
Pupils  adjoining  county  line,  sec.  22, 

sub.  sec.  4,  p.  18. 
Pupils  residing  in  different  districts, 

sec.  22,  sub  sec.  4,  note  1,  p.  18  ; 

sec.  30,  p.  20. 
May  be  admitted  to  town  schools  by 

consent,  art.  8,  p.  62. 
Punishment  of  pupils,  sec.    20,  sub 

sec.  4,  p.  14. 
Suspension  by  teacher,  sec.  29,  p. 

Dismissal  by  District  Directors,  sec. 

20,  sub  sec.  4,  p.  14. 
School  grades,  sec.  32,  p.  23. 
Certificates    to    pupils    completing 

primary  schools,  sec.  32,  p.  23. 
Diplomas  to  pupils  completing  sec- 

ondary schools,  sec.  32,  p.  23. 
White  and  colored  pupils  not  to  be 

taught  in  same  schools,  sec.  30, 

p.  21. 
May  be  recommended  for  admission 

to   Normal  College,  sec.  54,   sub 

sec.  7,  p.  35. 

RECORDS. 

State  Superintendent  to  keep  rec- 

ords, sec.  7,  sub  sec.  10,  p.  5. 
County     Superintendent     to    keep 

records,  -sec.  9,  sub  sees.  7,  9,  p.  9. 
Clerk  of  Directors  to  keep  records, 

sec.  21,  sub  sees.  2,  3,  p.  16. 
Teachers  to  keep  register  of  schools, 

sec.  27,  p.  20. 
County    Trustee   to  keep   separate 

account,  sec.  45,  p.  29. 
Normal   schools    to    keep    records, 

sec.  54,  sub  sec.  9,  p.  35. 
'-->unty  Trustee  to  keep  account  of 

Bounty  High  School  fund,  sec.  11, 

p.  44. 


State   Superintendent  may   require 

report  of  any  officer,  sec.  7,  sub 

sec.  7,  p.  5. 
State   Superintendent  may  appoint 

persons  to  make  reports,   sec.    7, 

sub  sec.  8,  p.  5. 
State  Superintendent's  annual  report 

to  Governor,  sec.  7,  sub.  sec.  12, 

p.  5. 


State  Superintendent's  report  of 
scholastic  population  to  Comp- 
troller, sec.  7,  sub  sec.  11,  p.  5. 

County  Superintendent's  annual  re- 

rrt  to  State  Superintendent,  sec. 
,  sub  sec.  7,  p.  5;  sec.  9,  sub 
sec.  6,  p.  8. 

County  Superintendent's  annual  re- 
port to  County  Court,  sec.  9,  sub 
sec.  9,  p.  9. 

County  Superintendent's  report  of 
scholastic  population  to  Trustee, 
sec.  9,  sub  sec.  5,  p.  8. 

County  Superintendent  may  appoint 
persons  to  make  district  report, 
sec.  9,  sub  sec.  2,  p.  8. 

Directors'  annual  report  to  County 
Superintendent,  sec.  20,  sub  sec. 
12,  p.  15. 

Clerk's  report  of  scholastic  popula- 
tion to  County  Superintendent, 
sec.  21,  sub  sec.  5,  pp.  16, 17. 

Clerk  failing  to  report  can  not  draw 
pay,  sec.  21,  sub  sec.  5,  p.  17. 

Teacher's  report  to  Clerk,  sec.  27, 
p.  20. 

County  Trustee's  report  to  County 
Superintendent,  sec.  44a,  p.  27; 
sec.  45,  p.  29. 

County  Trustee's  report  to  District 
Directors,  sec.  45,  p.  29. 

State  Board  of  Education  to  report 
to  State  Superintendent  and  Gov- 
ernor, sec.  54,  sub  sec.  9,  p.  35. 

County  Board  of  Education  to  re- 
port, sec.  9,  p.  43. 

SCHOLARS. 

See  Pupils. 
SCHOLASTIC  POPULATION. 

See  Census. 
SCHOOL  AGE. 

See  Pupils. 
SCHOOL  DISTRICTS. 

Established  in  1873,    sec.    22,    sub. 

sec.  1,  p.  17. 

Powers,  sec.  22,  sub  sec.  1,  p.  17. 
County  Court  may  change,  sec.  22, 

sub  sec.  2,  p.  17. 
Directors  may   subdivide,    sec.   22, 

sub  sec.  3,  p.  18. 
Pupils  residing  in  different  districts, 

sec.  22,  sub  sec.  4,  note  1,  p.  18. 
Pupils  adjoining  county  line,  sec.  22, 

sub  sec.  4,  p.  18. 

Unexpended    balance    not  distrib- 
uted, sec.  42,  p.  26. 
Debt  of  directors  binds  successors, 

article  3,  p.  61. 

Adjacent    to    incorporated    towns, 
sec.  22,  sub  sec.  4a,  p.  18. 


INDEX. 


67 


SCHOOL  FUND. 

Permanent  fund  and  its  annual  pro- 
ceeds, sees  34,  35,  pp.  24,  25. 

Comptroller  apportions  annual  State 
fund,  sec.  44,  p.  27. 

State  school  taxes,  sees.  37,  38,  p. 
25. 

Directors  may  draw  warrants  on 
Trustee,  sec.  20,  sub  sec.  10,  p.  14. 

County  school  taxes,  sec.  39,  p.  26. 

Distribution  to  school  districts,  sec. 
38,  p.  25. 

Directors  to  use  fund  for  what  pur- 
pose and  how,  sec.  20,  sub  sec.  5, 
p.  14. 

Unexpended  balance  in  district,  sec. 
42,  p.  26. 

Penalty  of  Trustee,  sec.  47,  p.  31. 

SCHOOL  LAWS. 

Distributed  by  State  Superintend- 
ent, sec.  7,  sub  sec.  5,  p.  4. 

SCHOOL  OFFICERS. 

See  Officers. 
SCHOOL  PROPERTY. 

See  Property. 
SCHOOLS. 

System  established,  sees.  1,  2,  p.  3. 
How  long  kept  open,  sec.  20,  sub 

sec.  3,  note  5,  p.  13  ;  sec.  31,  note 

p.  21 ;  sec.  39,  p.  26. 
Separate  for  white  and  colored  pu- 
pils,   sec.  20,  sub  sec.  9,  p.  14 ; 

sec.  30,  p.  21. 
Who  may  attend  free,  sec.  22,  p.  17 ; 

sec.  30,  p.  20. 
Two    classes  of   schools— primary, 

secondary,  sees.  31,  32,  pp.  21,  22, 

23. 

Consolidated  schools,  sec.  33,  p.  24. 
Branches  of  study,  sees.  31,  32,  33, 

pp.  21,  22,  23,  24. 
Grading  of  schools,  sec.  32,  p.  23. 
Certificates  and  diplomas  to  pupils, 

sec.  32,  p.  23. 
More  than  one  teacher  necessary  for 

each   secondary   school,  sec.    31, 

sub  sec.  3,  note  p  22. 
Effects  of  alcohol  and  tobacco  to  be 

taught,  sec.  31,  sub  sec.  4,  5,  p. 

22. 

SCHOOL  WARRANTS. 

See  Warrants. 
STATE  BOARD  OF  EDUCATION. 

How  appointed,  and  term  of  office, 
sec.  54,  sub  sec.  13,  p.  36. 

Governor  and  State  Superintendent, 
ex  officio  members,  sec.  54,  sub 
sec.  13,  p.  36. 


Organization,    duties,    and    powers, 

sec.  54,  pp.  34,  35,  36,  37. 
May  establish  normal  schools,  sec. 

54,  p.  34. 
May  grant   diplomas  to  graduates, 

sec.  54,  sub  sec.  7,  p.  35. 
Report  to  Legislature  through  State 

Superintendent  and  Governor,  sec. 

54,  sub  sec.  16,  p.  37. 
Rules  for    county    superintendent, 

sec.  8,  sub  sec.  1,  p.  7. 

STATE  SUPERINTENDENT. 

Office  created  and  located  at  Capitol, 
sec.  2,  p.  3 ;  sec.  6,  p.  4. 

Qualifications  and  appointment,  sec. 
3,  p.  3. 

Oath  of  office,  article  10,  p.  62, 

Term  of  office  and  salary,  sec.  4, 
p.  3. 

Member  of  State  Board  and  Edu- 
cational Bodies,  sec.  4,  sub  sees. 
2,  3,  p.  4. 

Duties,  sec.  2,  sub  sec.  1,  p.  3;  sec. 
7,  p.  4. 

Duty  in  grading  schools,  sec.  32,  p. 

Duty  in  issuing  certificates  and  diplo- 
mas to  pupils,  sec.  32,  p.  23. 

Duty  in  distributing  school  law, 
forms,  etc.,  sec.  7,  sub  sees.  4,  5, 
13,  pp.  4,  6 ;  sec.  9,  p.  43. 

Suits  for  penalties  in  his  official 
name,  sec.  7,  p.  5. 

Penalties  and  forfeitures,  sees.  23, 
24,  25,  pp.  18,  19. 

Removal,  sec.  5.  p.  4. 

Shall  make  tours  of  inspection,  sec. 
7,  sub  sec.  2. 

Shall  disburse  money  appropriated 
to  Peabody  Normal  College,  sec. 
54,  sub  sec.  12,  p.  36. 

Shall  be  secretary  and  treasurer 
State  Board  of  Education,  sec. 
54,  sub  sec.  12,  p.  36. 

Shall  give  bond,  sec.  54,  sub  sec. 
12,  article  2,  p.  36. 

County  Superintendent  reports  to 
him,  sec.  7,  sub.  sec.  7,  p.  5 ;  sec. 
44c.  p.  28. 

State  Board  of  Education  reports  to 
him,  sec.  54. 

May  require  reports  of  any  officer, 
sec.  32. 

May  appoint  persons  to  make  re- 
ports, sec.  7,  sub  sec.  8,  p.  5. 

May  appoint  examiners,  sec.  7,  sub 
sec.  6,  pp.  4,  5. 

SUPREME  COURT. 

Decisions  in  school  cases,  pp.  61,  62. 
TAXES. 

See  School  Fund. 


68 


INDEX. 


TAXING  DISTRICTS. 

See  Memphis. 
TAXING-    DISTRICTS    OF    SECOND 

CLASS. 

See  Municipal  Corporations. 
TEACHERS. 

Examinations  provided  for,   sec.  7, 

sub  sec.  9,  p.  5. 
Certificates  of  qualification,  sec.  9, 

sub  sec.  4,  p.  8 ;  sec.  26,  p.  20. 
Diplomas      from      State      Normal 

Schools,  sec.  54, 
Employment  by  Directors,  sec.  18, 

p.  12,  see  note ;  sec.  20,  sub  sec. 

3,  p.  13 ;  sees.  26,  28,  p.  20. 
Employment    of    minors,    sec.   20, 

note  6,  p.  13. 
Must  obey  regulations  of  Directors, 

p.  43. 
Dismissal  by  Directors,  sec.  20,  sub 

sec.  3,  p.  13,  see  notes  4,  8. 
Payment  of  salary,    sec.  20,  p.  13 ; 

sees.  26,  28,  p.  20. 
Suits  for  payment,  pp.  43,  44. 
Keep  register  and  report  to  Direc- 
tors, sec.  27.  p.  20. 
Power  to  punish  and  suspend  pupils, 

sec.  29,  p.  20. 
TEXT-BOOKS. 

Text  book  commission  created,  sec. 

1,  p.  45. 
Uniform  system  of  school  books  to 

be  adopted,  sec.  1,  p.  45. 
Branches  to  be  considered,  sec.  1, 

p.  45. 
Sub  commission  authorized,  sec.  1, 

p.  46. 

Duties    of    commission    and    sub- 
commission,  sees.  1,  2,  3,  pp.  46, 

47,  47,  48,  49. 


Requirement  of  bidders,  sec.  2,  p. 

48. 
State  not  liable  to  any  contractor, 

sec.  5,  p.  52. 
Governor    to    issue    proclamation 

when  adoptions  are  made,  sec.  7, 

p.  53. 
State     Superintendent     to     notify 

county  superintendents  of  adopt- 
ions; sec.  10,  p.  55. 
Compensation  for  sub  commission, 

sec.  17,  p.  56. 

TREE-PLANTING. 

Duty  of  County  Superintendent  and 
schools,  sec.  56,  p.  39. 

UNIYERSITY  OF  TENNESSEE. 

Duties  of  school  officers  in  examin- 
ing applicants  and  cadetships,  sec. 
55,  p.  38. 

Senators  and  Representatives  ap- 
point cadets,  sec.  55,  sub  sec.  3, 
p.  38. 

President  of  University  appoints 
cadets,  sec.  55,  sub  sec.  5,  p.  39. 

Vacancy  in  cadetships,  sec.  55,  sub 
sec.  6,  p  39. 

WARRANTS. 

Shall  be  countersigned,  sec.  9,  sub 

sec.  8,  p.  9. 
Drawn    by    Directors    on    County 

Trustee,  sec.  20,  sub  sec.  10,   p. 

14. 
Drawn  by  County   Superintendent 

for  Clerk's  salary,  sec.  21. 
Trustee's  duty  and  liability,  p.  44. 
Shall  be  written  in  ink,  sec.  9,  sub 

sec.  8,  p.  9. 


\T 


